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How much earnest money is enough?

By
Real Estate Agent with Century 21 Results Realty GA RE Lic # 282060

This is a common question from both buyers and sellers...

For Sellers...

The object is to get enough that it would be painful for the buyers to walk away without cause after the contingencies are settled.  For instance, $100 is obviously too low.  Just about anyone would be willing to walk away from that without too many worries.

But, what about $2,000? Well, if it is a $200,000 property, that might be a substantial amount, but for a $2,000,000 property, maybe not so much.

The bottom line is that you can ask for more if the amount offered isn't realistic.  With VERY few exceptions, the buyer will need to put up a minimum of 3.5% as a down payment on the property in order to get financed.  The earnest money WILL be credited to them at closing, so 1% doesn't seem that onerous... but some buyers may balk.

For Buyers...

Actually, I recommend the same amount in most cases.  There are some exceptions, but not many.  Keep this in mind, the idea is to make the seller comfortable with the transaction.  It IS part of the negotiating strategy.  And since the object of the buyer is to get the best price for the property, making the seller comfortable is a big part of that... and assuring the seller that the buyer will actually close WILL make the seller more comfortable.

I have had sellers ask for amounts that I thought were onerous for the buyers, but not that often.  Most agents don't think about it until there is a problem.  But, the sellers generally DO think about it when they are looking at multiple offers, or they have EVER had a buyer fail to close.

In both cases we aren't talking about failures because of inspection issues or other cause.

This specifically relates to contracts with contingencies released.  When there are hidden issues uncovered during the inspection, the buyer has a right to drop the contract (assuming it is written that way).  But if any financing and inspection contingencies are cleared, and the buyer backs out without a valid reason, the seller HAS been damaged.  The property has been removed from the market, and in many cases it is stigmatized... other buyers may assume that the reason for the failure was related to the property's condition.

In that case, the seller should be compensated for their damage...

Also, remember that often the seller HAS the right to sue the (former) buyer for damages.  While we often assume that the the buyer is only on the hook for the earnest money, that isn't actually the case... the buyer could be on the hook for more.

from LilburnDwellings

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Guy E. Gimenez
The PowerHouse Group - Austin, TX
ABR, CRS, GRI - Broker & Investor (512-731-5613)

Understand that I only practice real estate in Texas, but personally I'm finding fewer and fewer people are concerned about litigation these days. They've become accustomed to everyone threatening to sue over even the most minor of events, and they're now willing to call the bluff of those who threaten them with litigation. 

Although most contracts do allow for these type of legal remedies, few buyers or sellers have the $30K handy to use in such a fruitless cause.

Jun 21, 2009 05:10 PM
Matt Stigliano
Kimberly Howell Properties (210) 646-HOME - San Antonio, TX

Lane - The first house I bought I put down slightly over 6% earnest money.  It was the heady days of California real estate and you had to be "serious."  I didn't mind it so much, since I knew we were good to go, and it just meant I didn't have to hold on to that kind of cash and it was already "paid" on the house.  This house here in San Antonio I put down less than 0.5%.  In the end, we did increase it to about 3%, but that was just because the transaction was dragging along and we were willing to show the seller that we weren't pulling her chain.  I should have made the lender put it up since they were the weak link in all this (closed 2.5 months after date).

Jun 22, 2009 02:00 AM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Guy - But there will always be that one... 

Matt - I've had buyers put up a couple hundred and 10%...  Doesn't seem to affect the percentage that close...  I don't have many that don't.

Jun 29, 2009 05:09 PM