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Reply to "Buyer losing an earnest money deposit - how does it work?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]A few things to consider: is this your first time selling a house? you will undoubtedly go to settlement with this buyer before the next buyer who goes under contract, who may also have issues and need an addendum. The buyer still wants to buy the house, why are you so inpatient? I’m sure the buyer also wants this to be over. If you terminate the contract because you won’t sign an addendum and the buyer presents you with one, is operating in good faith, and is working as quickly as possible to resolve lender issues, I doubt this qualifies to entitle you to the earnest money deposit. And frankly, it shouldn’t. You’re being a PITA. [/quote] +1. You don't get to keep the earnest money because of delays. Don't let your greed cut off your nose despite your face.[/quote] Greed? OP is paying mortgage money every day to cover for the buyer's fraudulent offer. [/quote] OP never said they were paying a mortgage. [/quote] Mortgage or not, owner/seller is paying taxes, insurance, and possibly dues to an association. If the financing contingency is now waived, I don't understand why an EMD isn't automatically sent to the seller. There are protections in place to prevent buyers from not following through on contracts they sign. One delay? Ok. 3? Hell no. Why should a buyer get all the leverage? [/quote] The seller has options. They can return the EMD. They are not a hostage to this contract. [/quote] Wrong. The buyer has options. They can not enter contracts to buy things they can't afford (with financing or otherwise), or they can lose a deposit for entering into an agreement fraudulently. [/quote]
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