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What is a mutual release - Metro Detroit real estate talk

By
Real Estate Agent with Real Estate One 6501304423

This edition of my Metro Detroit real estate talk I want to answer a question somebody asked me "What is a mutual release".  Mutual release pertains to the earnest money a buyer puts down when buying a piece of Metro Detroit real estate.  It doesn't matter whether you are buying a foreclosed home in Canton MI or a lakefront home for sale in Oakland County Michigan you will be putting down a deposit (earnest money) when you sign the purchase agreement.

The only two ways the buyer can get out of a purchase agreement in Michigan is via the "inspection clause" or "mortgege clause".  Over the years brokers and real estate agents have found themselves in legal trouble by releasing the earnest money when the issues where not settled.  So the question of "what is a mutual release?" is answered this way.  It is a legal document that your real estate agent will have you sign to release the earnest money.  This earnest money release must be signed by both the seller and the buyer.  Both the buyer and seller must agree to release the earnest money a certain way.  The earnest money release will specifically state who is to recieve the earnest money, or how it is to be split.  Then the buyer and seller will sign it.

I hope this explains "What is a mutual release?"  Here is an example of what a mutual release may look like.

MUTUAL RELEASE
(Return of Earnest Money)

 

THIS MUTUAL RELEASE is ex
ecuted and delivered by and between:
__________________________________ (Seller) and ________________________________(Buyer)
WHEREAS, the parties hereto have entered into a certain Real Estate sale and purchase of real property
located at __________________________________________________________, Michigan; and
WHEREAS, the parties hereto acknowledge that they
have each entered into obligations of each to the
other.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, each of the parties
hereby release and forever discharges the other, their heirs, executors, administrators, successors and
assigns, and all realtors involved from any and all claims, demands, actions or causes of action which
each of the parties may have or claim to have against the other, except for this Release.
Seller hereby authorizes _______ Realty, Inc. and/or _________________________ to return to Buyer/Seller the
(Co-Broke Company)
earnest money or Note deposited by Buyer with ___________ Realty, Inc. and/or ______________________.
(Co-Broke Company)
This shall constitute a full acquittal of Seller and ___________ Realty, Inc. and/or ______________________ of
(Co-Broke Company)

their obligations arising by virtue of the receipt of said earnest money or Note

 

 

 

 

 

 

 

 

 

 

Posted by

__________________________________________________________

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Russ Ravary

Real Estate One

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By the way if you know somebody else looking to buy or sell a home I always appreciate a referral.

 

           

 

Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

  Reasons to be released...and the timing of when that is possible without severe penalties..lawsuits, are crucial aspects for both the buyer and seller to know before entering into a contract.

Mar 15, 2013 08:07 PM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team

Great post.  This can be so important when the deal is dead and both parties (especially the buyers) would like their money so they can keep it moving.

Mar 15, 2013 08:41 PM
Tracy Oliva
West USA Realty - Arizona - Fountain Hills, AZ
The Oliva Team Arizona Agents

This is some very good Info for all in the business,  keep up the good work and good luck in 2013 with your business,  E

Mar 15, 2013 09:03 PM