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Per the contract which states when the EM will be deposited and with who. I am sometimes asked for a copy of the check which is stupid, the EM amount might be countered.
Every now and then a listing agent will request a copy of the EMD with the offer. I don't get it. Anyone can write a check - it doesn't mean they legitmately have money in the bank! The proof is in wiring the funds to escrow once you have acceptance. Our contract stipulates within 3 business days after acceptance but negotiable. I like to see POF (Proof of funds) with an offer and include one when my buyers submit.
San Jose, CA
In California, I don't include a copy of a check as the initial deposit is typically sent via electronic transfer within three business days of acceptance. I include proof of funds not only for the deposit but for the down payment(financed offers with mortgage pre-approval) or full purchase(cash transactions) when submitting offers on behalf of my clients.
San Jose, CA
Oro Valley, AZ
It depends on the contract terms and each state's contracts are quite different. In NC, you have multiple options to deal with EMD and DDF. Some aspects are state-required.
I do not include the actual check but a copy. here we make it out to the listing agency which is our custom to hold escrow checks.
Our offers stipulate when and to whom the deposit is made. It can be attached, upon acceptance or any other choice made ie. within 3 days.
No I don't present a check, I write in contract that it's due 1 day after acceptance. All EM checks in my neck of the woods are made out to the sellers broker.
Show proof of deposit/cancelled check to lender only.
If EM check bounces, buyer is in default obviously & must bring in a certified check.
Kim Loizzi It is customary to provide the EMD check with the offer. The buyer's agent then provides a copy of the check with the offer to the listing agent. The check is then provided with the ratified/accepted offer. The check is made out to the listing broker. By law, the broker has five business days to deposit the check into their escrow account. Should the contract fall through the buyer and seller will sign a release to determine the disposition of the funds. Should there not be agreement, it will be taken out of the broker's hands and the court will make the final decision as to the disposition.
I send a blank check with the amount of EM.
For the most part, we do not get the check until the offers gets accepted.
I include a copy of the check with the offer. I generally don't ask for or provide proof of deposit.
Wait for the offer to be accepted then have the customer write the check/send the funds to the title company
No I do not - I wait for the acceptance then have my customer forward to the appropriate title company
Photocopy of check attached with Offer. It is a good "visual" for the Seller.
We (Brokers) make it out to the Title Company, and get it out of our hands when the offer is accepted.
The Contract shows who has it, with their contact info.
This is from Florida Realtors Contract:
Follow the practices in your office and the terms of the contract.
Our Sellers "require" it be presented with the offer...or it's considered "incomplete"...
Kim Loizzi - usually I send a copy of the check with the offer and is payable to the listing broker.
I always write in that I will provide EM within 5 days of Acceptance of the offer. No point in sending checks back and forth until we have an agreement, when I am in buying mode we make a lot of offers and to write a check with each would just be too confusing for all.
selling agent company is customary in my market. Also contracts sometime stipulate a certain number of days past binding for brokerage to get check. If I have the check I send a copy in the email with the offer with the account number redacted.
We always make the EMD check out to our company unless the MLS states that it will be held by the listing company.
What does GFD/EMD mean in your market?
Yes - Buyers present the Offer with the name of whoever is holding EMD. We make a copy of their EMD check and send it in with the Offer along with all other documents. It shows that the buyer isn't just making a stab at an Offer - they're serious about it by submitting a COMPLETE Offer!
I bring the check with me
I do not take checks for years. All EMD ''to be wired to the escrow'' after acceptance of the offer.
Agree with Jeff Dowler and Michael Jacobs ..proof is in wiring the funds..we are 2 business days!
Wire funds to escrow within one business day of acceptance.
I sometimes do but our contracts have a provision that allows us to stipulate the days after agreemnt is reached. Most sellers don't have to see the check with the offer, they just want to know the terms and the bottom line.
It depends on the specific transaction.
Everytime you write an offer it had better be good to go within 3 days of acceptance in CA. Proof of funds too.
Winforms has boxes that you check that covers some of your concerns. I have checks made out to escrow. No proof required
Most of the time there is an initial amount to be followed by a larger second one after inspections are completed.
the check is made out to the listing office in our area....
Before the offer is accepted I would just include a copy of the check.
Most agents ask for a copy of the EMD, which is silly as our contract states it can be delivered by a certain date. The EMD usually goes to the brokerage writing the offer.