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The dormancy period for funds held in a broker's trust account is two years. Disputed earnest money deposits being held in a broker's trust account can be turned over to the Division of Unclaimed Funds if certain requirements are met.
As soon as an agent or broker accepts an earnest money deposit on behalf of a seller, they become an escrow agent, and the money is placed in an escrow account. In most cases, when it enters into escrow, the earnest money cannot be released until both parties provide written permission.
Brokers are required by law to move quickly when they receive a deposit check from a prospective buyer. The broker must deposit the money in an escrow account no later than three business days after receiving it, according to the code.
When selling a house when do you get the deposit? The deposit which is put down by the buyer at exchange won't be received by the seller until completion. Completion is the last part of the 'moving house process', where the full funds are sent over, the seller moves out and the buyer gets the keys and moves in.
A release of deposit clause allows the vendor to access the deposit paid by a purchaser following exchange and prior to settlement. Usually, this is to allow the vendor to pay a deposit or stamp duty on the purchase of a new property.
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The sale process can take around 6 to 8 weeks and it's only on 'completion' of the sale that the seller will receive the buyer's money and the keys are handed over. As a seller, your Conveyancer will usually provide you with a 'Completion Statement' before completion takes place.
Brokers are required by law to move quickly when they receive a deposit check from a prospective buyer. The broker must deposit the money in an escrow account no later than three business days after receiving it, according to the code.
A failure to deposit the earnest money in the escrow account will likely constitute a breach of the purchase agreement by the buyer. Once a breach occurs, the seller may be able to force specific performance from the buyer or completely walk away from the deal.
You will have to pay a deposit on exchange of contracts a few weeks before the purchase is completed and the money is received from the mortgage lender. The deposit is often 10% of the purchase price of the home but it can vary.
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