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What is Earnest Money for when Buying a Home in Portland?

By
Real Estate Agent with Premiere Property Group,LLC Portland Metro & Suburbs Oregon

What is Earnest Money for when Buying a Home in Portland?

Earnest Money Check

Once you found the home you want to make an offer on a home here in the Portland Metro area, You and your REALTOR® (me)will then write up and offer to purchase using the Sales Agreement..or often times referred to as the Earnest Money Agreement. Besides the sales price and down payment, you'll also need to offer earnest money.

 

What is Earnest Money?

In a nutshell, earnest money is an amount that you will agree to forfeit to the seller should you decide to back out of the agreement after all the contingencies have been met. It's financial compensation for taking their home off the market during that time and is a way of showing good faith that you are going into this purchase with the intention of buying the home.

How much Earnest Money should I offer?

Here in the Portland Metro area, earnest money is typically somewhere around 1% of the sales price. That said, the higher the earnest money, the more serious you will look to the seller. If you are in a multiple offer situation, a higher earnest money amount can give you the edge.

What would have to happen for the Earnest money to get forfieted to the sellers?

This is something that most buyers are wanting to know, so the following is from the Oregon Sales agreement ( OREF-001) page 6 of 9, Section 26 lines 266-275

 Earnest Money Payment/Refund verbiage in Oregon Residential sales agreement

So, from the buyers side, if you have misrepresented your financial status, your bank doesn't pay when the  check is endorsed, you fail to redeem your promissory note when due, or you fail to complete the transaction according to the agreement, then the earnest money will go to the seller as their only compensation.

What are the contengencies that are normally in the Sales Agreement that a buyer needs to sign off on?

 There are three main contingencies where once a buyer signs off on them and then decides to Buying a home in the Portland Metro Areaterminate the agreement, they will forfeit the earnest money to the sellers. They are:

 1. Inspections: Usually a buyer has a 10 business day inspection period to get all the inspections they are wanting as per the sales agreement.

 2. Seller's Property Disclosures: Unless filled in for longer, a buyer has five business days to review these disclosures.

 3. Title Report and CC&R's (Conditions, Covenants & Restrictions): Unless filled in for longer, a buyer has five business days to review.

 After these contingencies have been signed off on, unless financing falls through or the Appraisal comes back less than the agreed upon amount, you will then forfeit your earnest money if you terminate at this point.

Is the Earnest Money applied to the sales amount?

 Yes, when making the offer, both the earnest money and the down payment amounts are deducted from the offer price.

When is the Earnest Money amount cashed and do I need to bring a check?

If you are not using a Prommissory Note, then you will need to have a copy of your earnest money check submitted with your offer. Unless filled in otherwise, most earnest money checks are deposited into an escrow account at the title company within three business (3) days of mutual acceptance. You will need to have the funds available as this check will be endorsed at this time.

Of course, as your Portland Metro REALTOR®  I'll be going over this all in more detail to you as it pertains to your particular offer.

 

Posted by

 

Knowledgeable, Approachable, Service Oriented

Cindy Westfall ABR,GRI

Premiere Property Group,LLC

5000 Meadows Rd., Ste. 150, Lake Oswego, OR 97035

Cell: 503-819-5241      

E-Mail: cindy@cindywestfall.com

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Disclaimer: All views on my blog are my own and may not reflect that of Premiere Property Group. All pictures and content are my own unless otherwise noted. Please No Copying without my permission.

 Cynthia Westfall is licensed in Oregon State

 

Peter Pfann @ eXp Realty Pfanntastic Properties in Victoria, Since 1986.
eXp Realty, Victoria BC www.pfanntastic.com - Victoria, BC
Talk To or Text Peter 250-213-9490

Hi Cindy

Great informative post about the terms and conditions in your local contract and its typical procedures. for buyers to fully understand the terms and conditions of a typical contract to purchase, will remove much stress and fear from the home buying process..... Even Better when the buyers Talk To Cindy to Buy in Portland

Oct 01, 2011 02:19 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Peter and Linda, Thanks, I know it's one of those questions I get asked often..usually by first time homebuyers or folks that are moving here from out of state or country.

Oct 01, 2011 02:30 PM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

That's very interesting. On Long Island, we don't take earnest money.

Oct 01, 2011 02:37 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Jill, I wonder if that has something to do with you using attorneys? What kind of recourse does the seller have if the buyer backs out after agreeing to everything?

Oct 01, 2011 02:44 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Cindy--this is a very well written post.  The buyers in Portland are well represented when they work with you.

In PA the deposit check is held by the listing broker with similiar contingencies as Oregon.

Oct 02, 2011 02:38 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Mary, Do you use lawyers in PA? What would be the equivilent of a neutral third party like the Title companies we use here? It's so interesting how different things are in different states. All the better to educate those coming in from another state where it works differently. Here, the Selling agent/Buyers agent holds the deposit, then brings the check to the Title company to open an escrow account.

Oct 02, 2011 02:48 PM
Maureen Bray Portland OR Home Stager ~ Room Solutions Staging
Room Solutions Staging, Portland OR - Portland, OR
"Staging Consultations that Sell Portland Homes"

Hi Cindy ~ This is a well-written and well-illustrated tutorial on Earnest Money.  Posts like this one are no doubt very helpful to your local buyers -- great post!

Oct 03, 2011 04:56 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Maureen, Thanks so much! I know buyers are typically wanting to know how the earnest money works, where it goes and how they can lost it to the seller.

Oct 04, 2011 07:23 AM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

Hi Cindy - Contracts are mainly broken if the buyer can't get a mortgage through no fault of his own or for some contingency in the contract like if the seller is unable or unwilling to repair defects found during an inspection and won't reduce asking price either, or if the contigency depends on the sale of another property or anything that comes up during a title and survey review or property disclosure. All the contigencies have to be met within a certain timeframe in order for the buyer to have recourse.

Oct 05, 2011 01:55 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Jill, thanks for coming back. That sounds about the same for the buyers. You mentioned buyer's recourse in the last sentence..did you mean sellers?

Oct 08, 2011 05:49 AM
Anonymous
Scott

 Cindy, well written advise for a buyer, allthough as we all know you do not have to have a EM deposit to write a offer.

Dec 17, 2012 05:01 AM
#11
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Scott, It is true that a buyer doesn't have to have EM to write and offer, but this is not the norm. If their offer is up against another one (which we are seeing more and more here in Portland) then not having any EM puts them at a disadvantage. As a buyers agent and a listing agent, If I were the listing agent going over an offer without any EM, I would highly encourage the seller to counter back asking for it.

Dec 18, 2012 06:51 AM