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Can Sacramento Home Sellers Take Buyer's Earnest Money?

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

Some home sellers in Sacramento tend to believe that if a buyer tries to cancel a purchase contract after releasing all of their contingencies, that the seller is automatically entitled to the buyer's earnest money deposit, which is not exactly the case. Being entitled to it and getting it are two different things. I've worked with sellers who have been hopping mad when buyers can't perform, and they want that earnest money deposit. What they aren't counting on is for the buyer to put up a fight and resist.

Sometimes they look at this Sacramento REALTOR and expect me to go get the money for them. I have to remind them I am not a lawyer. In seller's minds there is definitely a blurred line between Sacramento REALTORS and a lawyer, but I see a very clear distinction between the two.

You can read more in my personal blog today about An Approach to Sacramento Home Buyer's Earnest Money Deposit.

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(7)

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I've got a real world buyer default where the buyer is still, after three years, refusing to release the deposit.  I will tell you, the money both parties have spent on lawyers in that time frame they are over-invested vs. what they'd get.

Dec 06, 2014 05:48 AM
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Elizabeth, you are right in that most often the earnest money is not worth pursuing by the seller. After all, they just want their home sold, and don't need any small claims court action to postpone that.

Dec 06, 2014 06:10 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Elizabeth, it is pretty cut and dried in Colorado, if a buyer defaults in any of the contingencies, Seller has to return the EM.    If buyer has buyer's remorse, well, it is the Seller's money then.  

Dec 06, 2014 06:34 AM
Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

The "by mutual agreement" clause can keep the disputed funds in an escrow account for years and if one party continues to refuse to a release, the funds eventually go to the State of California.  

Dec 06, 2014 06:46 AM
James Dray
Fathom Realty - Bentonville, AR

Morning Elizabeth I'm so glad you have such clear vision.  Wouldn't want to have blurred vision is this business

Dec 06, 2014 07:43 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Elizabeth.  The concept of a release is a hard one for sellers to accept.

Dec 06, 2014 10:30 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Cut and dried doesn't mean a darn thing, Joan, if all the parties don't agree. There is no such thing as cut and dry anyway, LOL. Not in the field of law.

Dec 07, 2014 01:37 AM