Purpose

The primary purposes of an EMD are:

  • Securing the Deal assures the seller that the buyer is committed to the purchase, which can be particularly important in competitive markets.

  • Protection for the Seller: If the buyer decides to back out of the deal for reasons not covered by the contract's contingencies, the seller may keep the earnest money as compensation for the time the property was off the market.

    How It Works

  • Amount: An EMD can vary but typically ranges from 1% to 5% of the purchase price, depending on the local real estate market and the property's demand.

  • Payment: Upon making an offer on a property, the buyer submits the EMD, usually held in an escrow account by a third party, like a real estate brokerage, law firm, or title company, until the deal closes.

  • Contract Contingencies: Most real estate contracts include contingencies (like financing approval, home inspection, and appraisal) that allow the buyer to legally back out of the deal under specific circumstances without losing their EMD.

  • Closing: If the sale goes through, the EMD is typically applied toward the buyer's down payment or closing costs. If the deal falls through due to contingencies being met, the EMD is usually returned to the buyer.

    Considerations

    • Risk of Loss: Buyers should be aware of the conditions under which they might forfeit their EMD, such as backing out the deal without a contingency clause to protect their deposit.

    • Negotiation Tool: A larger EMD might make an offer more attractive to sellers, especially in a competitive market.

    An Earnest Money Deposit is a fundamental part of the real estate transaction process. It serves as a financial pledge of the buyer's intent to purchase, providing security for the seller while giving the buyer a way to demonstrate their profound commitment to the deal.

Earnest Money Deposit