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Escrow Funds - The Importance Of Timely Deposit

Escrow funds - the importance of timely deposit is something that many clients do not understand. As we enter the period of multiple offers once again, it is more important than ever to submit your escrow deposit within the allotted timeframe. Failing to do so can make your contract null and void even if everyone has signed.

Here in Florida, our contract gives a timeframe, usually three days after all parties have signed the contract, that escrow deposits must be received. Whether you are using a title company or an attorney, failure to submit the escrow funds on time can open the door to the seller's ability to back out of the contract if perhaps another offer has been submitted in the interim which is more money.

As a Realtor,  it is my duty to make sure that my buyer is on top of the situation and that the escrow funds are received on time. Here in Florida, personal checks or wire transfers are accepted for escrow unless it is a cash deal and the closing is taking place so soon that the personal check might not clear the bank. In that case, escrow must be a wire transfer.

If I am working with the seller, I still need to make sure the escrow funds have been received so my client knows the transaction is indeed moving forward. If not, we can move on to the next offer.

This emphasizes the importance of working with a Realtor.

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Barbara-Jo Roberts Berberi, MA

Charles Rutenberg Realty

Serving the Greater Palm Harbor Florida Area, including Crystal Beach, Ozona, Clearwater, Dunedin, Safety Harbor & Tarpon Springs Florida & surrounding area

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Comments(9)

Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Barbara-Jo Roberts Berberi, MA, TRC - Greater Clearwater Florida Residential Real Estate Professional  This is no laughing matter . I know someone who had their license suspended for not doing this .

Apr 22, 2015 12:24 AM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

Our contracts here in Arizona only allow for 24 hours before escrow funds have to be deposited or else the contract can be cancelled.  

Apr 22, 2015 12:44 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Barbara-Jo. I couldn't agree more. When a buyers agent is not able to authenticate a deposit they risk losing a transaction and in NJ their license.

Apr 22, 2015 01:28 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Thanks for the great comments and information on the rules in other states.

Apr 22, 2015 01:42 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

This is so important, you can't hang on to other peoples funds. In our MLS you have 48 hours to turn in the earnest money of you could be in trouble.

Apr 22, 2015 01:49 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Thanks for taking the time to comment, Noah.

Apr 22, 2015 01:59 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Barbara-Jo there are many agents and clients that do not understand the important of timely earnest money deposits. It is a breach of contract. I prefer to either have a check in hand or funds are wired the day of acceptance. That way everyone is assured the deposit is timely.

Apr 22, 2015 03:04 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Great advice indeed, Anna!

Apr 23, 2015 05:49 AM
Larry Riggs
Century 21 Redwood - Frederick, MD
GRI, SRS Your Frederick County Specialist

In Maryland it's not so clear in certain circumstances. If a broker is holding the deposit, by law it has to be deposited within a specified time after the offer becomes a contract. However if someone who is not a licensed broker, ie. a title company or attorney is holding the deposit there is no provision in the law that requires them to deposit it within a certain period of time. The danger is, of course if the check is held and deposited close to settlement and it is returned it could cause major problems. As agents, if the deposit is being held by someone other than a broker we should request some proof of deposit.

Apr 27, 2015 08:50 PM