Easily Replace Conditional Fields to the Earnest Money Promissory Note

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How to Replace Conditional Fields to the Earnest Money Promissory Note

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hi Im Annie Fitzsimmons Im your Washington Realtors Legal Hotline lawyer and this video is probably going to be most appropriately gauged towards our should I say more experienced members I wouldnt describe you as old but I would say that the practice in which some of you engage is a very old practice antiquated even and you need to dispense with it and that is the practice of using promissory notes for earnest money stop doing that why do you need a promissory note for earnest money let me tell you the reason most people sell me we need a promissory note because buyer doesnt want to have to deliver earnest money by the second day following mutual acceptance they need three or four or five days so they can go back to wherever they live and get money out of their account and send it in or they want to wait until the inspection contingency has been satisfied or waived or whatever other reason would justify a delayed deposit of the earnest money fine I dont care when the department w

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What happens if the buyer fails to redeem the earnest money promissory 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.

Can you use a promissory note for earnest money deposit?

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.

What can be used as earnest money?

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.

How do you use a promissory note for earnest money?

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.

Can a promissory note be conditional?

The promise to pay a certain amount of money must be unconditional in all cases. Hence, a conditional promise cannot form the basis of such notes.

Can a promissory note be used as earnest money to be paid at closing?

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.

What is the earnest money promissory note?

An earnest promissory note shows good faith commitment to purchase an asset and outlines the aspects of the purchase agreement between a buyer and seller.

What is the limit on an earnest money promissory note?

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.

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Replace Conditional Fields to the Earnest Money Promissory Note