Remove Number Fields to the Earnest Money Promissory Note and eSign it in minutes

Aug 6th, 2022
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How to Remove Number Fields to the Earnest Money Promissory Note

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[Music] hi Im Annie Fitzsimmons Im your Washington Realtors Legal Hotline lawyer in todays video is another in the series weve entitled overconfident sellers plus over eager buyers equals broker liability and todays topic focuses focuses on a discussion of the weaponization of earnest money earnest money was originally created as a concept in our industry to motivate buyers to exercise good faith in closing the transaction buyer puts up this chunk of money and says to seller its going to take me a little while to create to generate financing seller youre going to have to go out and clear titles of property so from the day of the purchase and sale agreement until the time we can actually close the transaction I promise to exercise good faith heres a chunk of money to support or to show the earnestness of my intentions as earnest money what were seeing in todays marketplace is listing brokers and sellers actually using earnest money if you will as a punishment or a weapon again

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Earnest money is a monetary deposit made in good faith on a home loan or real property to the seller from the buyer during a home sale. Generally, the earnest money can be anywhere between 1-10% of the sale price. The earnest money contract sets the conditions for refunding the deposited amount.
Although most sellers are likely to require that earnest money be in the form of cash, check, or money order, they might also agree to accept a promissory note. The drawback for the seller is the possibility of having to file a lawsuit to collect on the note.
The Promissory Note redemption date can be extended only if agreed upon in writing by both parties with a signed addendum. If the Buyer does not redeem the Note in time, is the contract Null and Void? No. If the buyer does not redeem the Note in time, the buyer is in bdocHub of the contract, but not null and void.
Earnest money is a monetary deposit made in good faith on a home loan or real property to the seller from the buyer during a home sale. Generally, the earnest money can be anywhere between 1-10% of the sale price. The earnest money contract sets the conditions for refunding the deposited amount.
Earnest money deposits can take any form agreed to by the seller. In some cases, the buyer will offer an earnest money promissory note instead of making a direct payment. This gives the buyer some assurance that it will not lose the money deposited if the deal falls through.
The Promissory Note redemption date can be extended only if agreed upon in writing by both parties with a signed addendum. If the Buyer does not redeem the Note in time, is the contract Null and Void? No. If the buyer does not redeem the Note in time, the buyer is in bdocHub of the contract, but not null and void.
Acceptable payment methods include personal check, certified check and wire transfer. The funds remain in the trust or escrow account until closing. Thats when they get applied to the buyers down payment or closing costs.
The owner must be aware that the earnest money deposit will be made in the form of a promissory note (i.e., not in cash) before it accepts the purchase offer. This fact must also be stated clearly in the purchase agreement itself.

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