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Agents giving buyers earnest money

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Real Estate Agent with RE/MAX Properties, Inc., ABR, GRI, SRES

I've recently heard of a few real estate agents in town that are giving or loaning their buyers the funds to cover the earnest money for a home purchase. 

Have you fronted the earnest money for a buyer who didn't have adequate finances in their bank account to cover the deposit for a home? 

Situations occur where buyers may not get paid for another week or have an unexpected bill or repair that cleans out their checking account.  On the other hand, if a buyer cannot come up with the earnest money, can they afford the other costs associated with buying a home?  Is there a law in your state that would prevent an agent from doing this, is it legal?  I think the agent is putting themselves at risk.  What are your thoughts?

 

Colorado Springs Realtor Patricia Beck, providing real estate services to home buyers and sellers.

Comments(10)

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Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Big red flag going up!  If they are applying for a loan, the earnest money must be sourced.  If it doesn't come from their own funds, they will need a gift letter.  It is highly unlikely that the underwriter will accept a gift letter from the agent in the transaction.

Nov 02, 2011 01:04 PM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

Kathy - I was surprised to hear agents were doing this.  I doubt the underwriter would accept it either!  I have had buyers provide gift letters to the lender when receiving funds for earnest money from a family member.

 

Nov 02, 2011 01:16 PM
Marge Piwowarski
Phoenix AZ Horse Property - Phoenix, AZ
Phoenix AZ Horse Property, LLC

I haven't ever done that, haven't considered it.  If they can't afford the earnest money deposit, they aren't ready for home ownership IMHO.

Nov 02, 2011 04:04 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Patricia - WHOA!!!  As Kathy says, red flags waving all over the place.  First and foremost, while I am not 100% certain that CA Realtors/agents can't participate in the transaction this way, I'm pretty sure they can't.  Need to go and check on that now with DRE. 

Secondly, you are absolutely right about the u/w asking for verification and source of any and all funds and a buyers agent putting up the EMD would not be part of an arms length transaction.  Lastly, I completely agree that if a buyer doesn't have the EMD, they're not prepared to purchase a home.  NEXT!!!

Nov 02, 2011 05:09 PM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

Marge - I agree with that!

Nov 03, 2011 03:37 AM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

Donne- I think some agents will do whatever they can to make a deal happen in this market!  Thanks for stopping by!

Nov 03, 2011 03:38 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

Not a chance on God's green earth. Unless the buyer is my daughter, it just ain't gonna happen.

Nov 06, 2011 06:08 AM
Brenda Mullen
RE/MAX Associates - San Antonio, TX
Your San Antonio TX Real Estate Agent!!

Absolutely not, no way and no how!  That's just craziness.  First, I am pretty sure we can't do that, second, if they cannot come up with the earnest money and have to wait for pay day, then they cannot afford a home at this time.  Tell em to wait a couple of paydays and then see what happens.  Never heard of such a thing.  Wow!

Nov 06, 2011 11:40 AM
Steve Warrene
Your Town Realty - Lower Burrell, PA
Pittsburgh Realtor North and East Pgh.

Patricia, Truthfully to make a deal happen and get a promissory note from the buyers I would do it if it was ok and ethical.  Of course I would max the amount to lend to the amount of my take home commission.

Nov 06, 2011 12:37 PM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

Alan- lol, thanks for stopping by

Brenda- I was surprised to hear about it recently!

Steve- I haven't heard anything specific about whether this is allowed, but I don't think it is.  Thanks for commenting!

Nov 07, 2011 01:35 AM