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How Much Earnest Money Should I Put Down?

By
Real Estate Agent

 This is a really great question. I think the more you put the better.

When you are making an offer I am assuming you want to negotiate the best deal possible.

So with that said let's look at why more EM can help you. For starters, the EM goes towards your down payment or towards your closing cost if you are doing 100% financing.

It shows how serious you are and shows you have some money. This along with good deadlines can help you get a better price as a buyer. The reality is, if you are putting down 3% or more in a total down payment, than there really is no reason, for you not to put a large EM.

Your EM is protected with the basic contingencies of the Standard Board Of Realtors Real Estate Purchase Contract-REPC (pronounced rep-see).

 

 

Those basic contingencies are Appraisal, Inspection and Loan. They all have deadlines and you can cancel the contract within those guidelines with WRITTEN NOTICE. If the contract is canceled within the parameters of the contract then the EM is returned to the buyer.

Another reason is called liquidated damages.  The default clause of the REPC Paragraph #16 (Salt Lake County)

DEFAULT. If Buyer defaults, Seller may elect either to retain the Earnest Money Deposit as liquidated damages, or to return it and sue Buyer to specifically enforce this Contract or pursue other remedies available at law. If Seller defaults, in addition to return of the Earnest Money Deposit, Buyer may elect either to accept from Seller a sum equal to the Earnest Money Deposit as liquidated damages, or may sue Seller to specifically enforce this Contract or pursue other remedies available at law. If Buyer elects to accept liquidated damages, Seller agrees to pay the liquidated damages to Buyer upon demand. It is agreed that denial of a Loan Application made by the Buyer is not a default and is governed by Section 2.3(b).

So a large EM benefits you as a buyer all the way through, as long as you monitor your dates and everyone in the transaction stays on task and on time, your money is not at risk.

In summary, a larger EM along with good deadlines can help you negotiate a better price and in the event the seller defaults you awarded a larger damage settlement.

Comments(2)

Taryn Merrick
Merrick Management And Media Virtual Assistant Services - Dandridge, TN
Virtual Assistant

Hi Rob!

What is your opinion on this same subject if one is buying land, not a structure, and paying cash? Is the more EM the better, still the rule? 

Oct 13, 2007 12:32 AM
Rob Aubrey
Cottonwood Heights, UT

If the contract has the same stipulations, you betcha.

When you put down a large EM you let the seller know it is really now just a matter of doing some discovery to confirm that you still want the property.

Sometimes buyers think cash is worth a 30-40% discount. The seller could care less if you got a loan or not, it is still cash to them at closing.

The value of cash to the seller is the ability to close and close quickly.  

The real deal is to know what the seller will take, make a really good solid offer and don't budge.

Remember Price or terms, Price or terms, Price or terms pick one. 

Cash with little discovery work and a fast close can be very favorable terms to a seller.

Their good terms your good price. Your good terms their good price.

 Good luck

 

Oct 13, 2007 12:43 AM