Special offer

If They Have An Issue With Earnest Money, That Just Might Be A Sign

By
Real Estate Agent with (512) 786-8300

I'm dealing with several buyers at the moment, and explaining the offer process to my them. One of my favorite parts of that conversation, is that fun discussion about earnest money. For me, it's often a chance learn about buyer expectations and also to see how the transaction might go.

Often, I even find myself explaining earnest money to buyers who have bought in the past. We sell homes every day, but they purchase homes probably every five years or so at the most. Last week, I was explaining the process of earnest money to a client looking at a luxury home. He wasn't exactly thrilled with the prospect, that he might be expected to dole out a pretty significant amount of money to get under contract- more than he had to pay the last time he bought. When I explained that earnest money is generally a percentage of cost of the home, he understood. When I went further, and reminded him that builders (which is who he purchased through previously) generally don't ask for much, it resonated even further. He's a blunt guy like me, so I gave him the line I give all my buyers eventually- the sellers want to make sure you have some skin in the game.

But I found myself thinking back to the heady days of 2001-2007. You remember them- no doc loans, your auto mechanic giving you his new card that read mortgage broker, and buyers who seemed just a bit overly concerned, about how long it would take for the title company to cash their earnest money check.

There was a particular mortgage broker (who was on his fifth career in about three years) that used to send me business. One of his favorite things to say to me, was that I *sure do ask a lot of questions.* It seems that I asked a lot of questions of him, and I sure did of the folks he sent my way. A gift horse is one thing, but scrutinizing someone who might waste my time, and unknowingly theirs, is completely within bounds. His folks were preapproved, and I would find out after a few questions, because he felt he could get anyone done. But being the curious and informative guy that I am, I would always tell them about costs associated with a purchase before closing.

Earnest money, inspections, option money, appraisals etc. The broker in mind would wrap the appraisal in closing. Most would ask me if they could waive inspection. And then there were the requests to write an offer with $100 in earnest money. Paying for the appraisal really wasn't my concern. If you want to waive inspection, I highly advise against it, and you will sign every document I can think of to cover my backside. And then a few more for good measure. But the red flag requests for low earnest money got my skin in the game speech, and my belief, that this wasn't the sort of business I wanted. I'm bullish on home ownership to say the least. But if you can't pay the fees associated with buying a home, for fear the rent payment or day care check will bounce, perhaps it's good, to sit this game out. Of course, I would relay this to the broker, who seemed, well just was, more concerned with a commision than the buyers well being.

My clients are always fine with one to two percent in earnest money after I explain it. In Texas, we also have option money, which I find to be even more relevant. As for that mortgage broker, I stopped working with his clients, when they became more unqualified, and his tactics became shadier. He isn't in the business anymore, which isn't a surprise. The strange thing is, I've met agents who had similar experiences during those crazy times. One of the great lessons of 2001-2007 is that while there is a home for everyone, it just might not be at that given time.

Home ownership is great. And lending practices and home buying will loosen up again. America is a cyclical country, and we will have creative financing, and a push for home buying again. And yes, much of it will be artificial. But the thing to remember from a real estate professional standpoint, is that your clients should always have some skin in the game.

 

 

 

Posted by

Scott Hayes

Austin Real Estate Agency

Extraordinary Service, For Extraordinary People

Direct: 512-786-8300

www.austinrealestateagency.com

Jan Stevens
Coldwell Banker Pittsburgh - Cranberry Township, PA

So, so true... Back in the spring, we ran across some of these "buyers" trying to use the tax credit up front to cover expenses.

Oct 22, 2010 10:00 AM
James Nickerson
City Connections Realty - Manhattan, NY

Great post. As an an agent who actively practices in both Florida and New York City, I get a kick out of the 1-2% earnest money offered in Florida and many markets.  In New York City (at least my primary market, Manhattan) you'll almost never get to contract without a minimum 10% depost.  And that's with average home price of $1.3 million. . . 

Oct 22, 2010 10:02 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I remember one buyer who was shocked, shocked that I deposited her earnest money check.  She never thought that would happen and the check would go toward her closing costs at settlement.

Amazing.

Oct 22, 2010 10:21 AM
Anonymous
Tony Lewis

We, as Realtors, need to try to remember what it was like before we had all of the knowledge gained as a Realtor.  Most buyers would like to buy with an out.  This doesn't necessarily mean that the buyer is any less committed it may simply mean that they are cautious and protective.  This market is great for us Realtor because it is much easier to state that an offer can not be submitted without needed documents whether we want to or not.  Our job is to ease buyers along letting them know that we are the ones that will protect them from making a mistake!

Oct 22, 2010 10:28 AM
#61
Jon Quist
REALTY EXECUTIVES ARIZONA TERRITORY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

I just went through the same "low earnest money" question on a low ball offer on a foreclosure.

When I tried to explain the theory of low balling a bank anlong with low earnest money, she proceeded to explain TO ME how business was done. And then I explained to the buyer that may indeed be the case, just not with me!

Oct 22, 2010 11:40 AM
Jacqueline Drake CRS
Jacqueline Drake Realty - Saint David, AZ
Southeast Arizona land, farms & horse properties

When working with buyers I tell them that their offer more likely to be taken seriously if they come in with a reasonable amount of earnest money. Even if their offer is low it conveys a message that the buyer is serious about the property. I believe it can work to the buyers advantage to put up a reasonable amount of earnest money. When you have a small amount of earnest money and a low offer it is much easier for the seller to decide that the buyer is not serious.

Jacqueline Drake CRS PNM

Oct 22, 2010 12:20 PM
Patti Berube
John L. Scott - Covington, WA
Work with a full-time, experienced professional

Great Post! I really enjoyed reading it - and plan to use some of your lines "skin in the game" when talking with buyers about earnest money. I had a buyer I was working with recently who was delaying getting preapproved & wasn't giving me alot of info. She wanted to offer low on a short sale & I said that's fine, but I'll still need a preapproval because you don't expect the bank to negotiate with someone if they don't know if they're capable of buying the home, right?  Needless to say I haven't heard from her lately?????

Oct 22, 2010 12:46 PM
April Hayden-Munson
Brookfield, WI
Brookfield Wisconsin Real Estate

Buyers don't always know what to expect, it's our job to explain how it is.  Earnest money IS needed, IS expected and MUST be given.  If they don't have earnest money, how are they going to come up with their down payment?

Oct 22, 2010 12:51 PM
Carol Tunis
Florida Homes Realty & Mortgage - Saint Augustine, FL
Carol Tunis...a "HouseSold" name!

I think it's moot.  If the buyer wishes to bolt after the inspection period, he can, whether he's got $1,000 for good faith or $10,000.  Now, there's nothing wrong with asking for addition EM after the 10 day inspection period.  But, to argue over EM to a cash buyer who'll close after inspections, just doesn't make sense.  Sometimes, it is not necessary...

Oct 22, 2010 12:54 PM
Christina Sheppard
Solid Source Realty GA| Metro Atlanta |www.CSHRealEstate.com - Douglasville, GA
Real Estate Consultant

You are absolutely right, when they get shaky during the earnest money conversation, something is wrong!

Oct 22, 2010 04:38 PM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Times have changed and areas vary.  Here in AZ, it's typical for a $1000 earnest deposit until the 10 day inspection period is over.  Then, 1-10% of the purchase price (depends on the market) with some of it typically being non-fundable for non-performance on the buyer's part.  It's a contract - perform or pay. 

Oct 22, 2010 05:19 PM
Lynn M. Bower
John R Wood Realtors - Naples, FL
PA, ABR, GRI, RSPS, AHWD, PMN, CNE

Scott ~ you are so insightful. I think we all knew back in "those" days that things were just a little out of whack. Talk about red flags...I particularly liked your comment on we do this everyday but buyers only every 5 years or so. That is such a great perspective.

Oct 22, 2010 11:22 PM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Scott, when I receive an offer on my listings I remind the other agent that the deposit(earnest money) must be suitable and show that the purchaser is serious.

Ty

Oct 22, 2010 11:34 PM
Anonymous
Rick Bowers Prudential Kansas City Realty Overland Park, Ks

Great post Scott, I think we all had similar experiences during that time. I like your "skin in the game" line. With your permission, I would like to use it! After 34 years in the business, I'm always learning something new that I can use thanks to agents like yourself who are willing to share.

Oct 23, 2010 04:13 AM
#71
Ric Mills
Keller Williams Southern Az - Tucson, AZ
Integrity, Honesty, and Vast Real Estate Knowledge

Couple of questions need to be answered.  How much do you want this home?  How serious do you want the sellers to take your offer?  The answer to these will show how much you really want the home, the EM is your committment to going through with the deal.  You want me to write "real" low ball offers on foreclosures and short sales, fine, I need a retainer of $2500 to cover expenses for the time and expenses untill you do buy. I run a business and time is money, if you are seriously going to buy then it should not be a problem as you will get the money returned at closing.  Shall we proceed?

Oct 23, 2010 05:07 AM
Deborah Deschamps
Real Living Realty Professionals - Ware, MA

Excellent post; great style and it's reassuring and empowering to hear other Realtors make the statement, directly or indirectly that they're not "available 24 hours a day always for ANYone".  I'm not sure when that became vogue in our area for Realtors to be everything for everybody regardless of how demanding and/or unqualified they might be.   whew.... that venting felt great. Now I can go work with some real prospects feeling a little lighter.  THANK YOU!  :-)

Oct 25, 2010 01:49 AM
Sandy McAlpine
RE/MAX EXECUTIVE - Cornelius, NC
Search Lake Norman Homes For Sale - Lake Norman NC

You could explain to him that 36 states have gone to a due diligence contract which asks for "hard money", which is paid directly to the sellers from day 1 (non-refundable). I find buyers tend to like earnest money and a free look for inspections after that.

Oct 26, 2010 04:28 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

If a Buyer is not prepared to put down a meaningful amount for earnest money, they have failed my pre-qualifying. They will need to waste someone else's time.

Nov 05, 2010 04:24 PM
Eugene Lew
RE/MAX equity group - Happy Valley, OR

You'll find that most builders of new construction may be happy with $2000 in earnest money, then they require any upgrades selected to be paid up front. They don't want the buyer to pick a lot of custom finishwork, then walk leaving the bulider stuck with a custom home which may or may not sell right away.

Nov 07, 2010 02:34 PM
Matt Robinson
Professional Investors Guild - Pensacola, FL
www.professionalinvestorsguild.com

I agree 100%.  The lower the earnest money, the lower the chance of closing...period.  I have certainly pushed a few through with EMD under $500, but it's always a nightmare, and the EMD is perfect foreshadowing for what is to come in the transaction.  Great post.

Jul 19, 2011 05:32 AM