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The buyer, seller, and their agents must all sign the release before the title company will cut a check. Once the title company who is holding the earnest money has received the release, they can write a check available for pickup or mailing. The contract governs who is entitled to the earnest money.
Also known as early release of deposit authority, the Section 27 is a written request by the vendor for early release of the deposit. It contains details of any mortgage or caveats over the property which allows the purchaser to make an educated decision about whether to consent to the deposit's release.
The option money is delivered to the seller or their broker, and they're both assumed to be available seven days a week. The earnest money is delivered to the escrow agent, and most title companies aren't open on weekends or legal holidays.
No. Earnest money is not necessary to make an otherwise accepted offer into a valid contract. Earnest money is a buyer-performance item required to be deposited after a contract is fully executed. A contract could become effective even if no earnest money is required in the agreement.
Typically, you pay earnest money to an escrow account or trust under a third-party like a legal firm, real estate broker or title company. Acceptable payment methods include personal check, certified check and wire transfer.
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A deposit is usually 10% of the purchase price, a significant sum. The deposit is paid to the seller on exchange of contracts as part payment of the purchase price. A request for a deposit over 10% should be questioned as it may not be legally enforceable because it amounts to a penalty on the buyer.
What is the Section 32? The Section 32 is a mandatory document that discloses information that may affect the value of the land being sold in a property transaction. Also known as a Vendor's Statement, the term 'Section 32' is derived from the correlating section under the Sale of Land Act 1962 (VIC).
In the event a dispute arises over whether the earnest money should be returned (for example, if the seller argues that the buyer did not notify the seller in a timely manner of the intent to back out of the contract), the escrow holder will continue to hold the earnest money until the dispute is resolved.
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.
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