Questions about Earnest Money

I recently received this question by email:
Is a E M D asked for when the other party doesn 't believe the buyer is serious? Also if I refuse to put down a earnest money deposit do I risk ending negotiations for the property?
A single family homes at 2928 Woodlawn Ave Falls Church VA 22042
City Park Homes in Falls Church 22043
A buyer should always ask his or her own agent questions like this. If you don't trust your agent to give you the right answer you probably have the wrong agent.  When you question your agent's judgement you can always ask for an explanation from the agent's broker. That said, what follows is not a specific answer to your specific situation, but some general advice about EMD's. EMD stands for earnest money deposit. Earnest money deposit literally means money that you've deposited to show you are earnest.  Nearly every real estate offer these days will include some amount of earnest money to show that the buyer is serious.  Offers without any earnest money generally mean that the buyer lacks the capacity to actually make the purchase or that the buyer doesn't want to risk any money in the transaction. Nobody likes risk.  So what is the risk of putting up an earnest money deposit.  An EMD check is in practice often not cashed if the offer is not accepted. An EMD check is usually only cashed when the buyer and seller agree to terms and price. Once that check is cashed it is deposited into an escrow account. That means that the money is NOT in the broker's bank account. That money is in a separate account that does not comingle with the brokerage's funds.  Once the money is in that account the money generally only comes out one of four ways:
  1. When the transaction closes.  When the sale happens the money is applied to the buyer's expenses and/or down payment.
  2. When a judge gives the money to someone.  If the sale doesn't happen and parties cannot agree who to give the money to, a judge will decide who deserves the money.
  3. When both parties agree to distribute the money.  Both parties must agree who to give how much money to.
  4. When a sale is canceled. There are many reasons a sale might not happen.  Sometimes the buyer can't get financing. Sometimes the home won't appraise. Sometimes buyers and sellers mutually agree to cancel the sale. When that happens the money is returned to the buyer.
So where is the risk?  If the buyer acts fraudulently or negligently the EMD is put at risk.  That means that if the buyer lies or attempts to defraud the seller then the sale won't happen and the money might be forfeit to the seller or the brokerages involved.  This doesn't mean the seller can just take your money if he thinks you've lied.  The seller can't take that money.  But a judge can take the money and give it to the seller.  And the buyer and seller can negotiate to give some or all of the money to the seller.

The Purpose of Earnest Money

2720 ARLINGTON MILL DR, Unit 1006, Arlington, VA 22206
High-rise condominium
When a seller accepts a buyer's offer, the seller takes some risk.  The seller takes some risk because when the property is under contract, he cannot sell the property to other buyers who might be interested. In other words, if the seller agrees to a price with some joker who is just playing around and who won't buy the house, the seller might miss out on someone who really wants to buy the house.  So sellers want to know that if they are risking something then the buyer is risking something. How much the buyer is willing to risk is usually a good indication of how solid the deal is.  We usually advise our buyers to put down 1% of the purchase price as escrow money, but some buyers put down more . . . sometimes much more. The bare minimum you'll see in most contracts in Northern Virginia is $500 to $1000.  Offers with those minimal amounts are rarely accepted, or get a counter offer asking for more earnest money. Very rarely the lower EMD is accepted when the buyer is a veteran using a VA loan, because a VA loan might be more then 100% of the purchase price. A buyer who puts up a larger EMD is saying to the seller, "I am rock solid. If you accept this deal, you will sell your house." It sort of like when you buy a car and you pull out the cash and show it to the seller. Then the seller knows you are serious.  A buyer who puts up a smaller EMD is saying to the seller, "I don't have that much money on hand. I don't want to risk much money because I might not be able to hold up my end of the bargain." How to get your EMD back. For more information or to set up an appointment call Nesbitt Realty at (703)765-0300.
Northern Virginia real estate agents.
Nesbitt Realty can help you buy and sell real estate in Northern Virginia.

A Growing Segment of Buyers: Female Baby Boomers

Single women make up the second largest segment of home purchases, with one out of every five homes purchases by a single woman, according to the National Association of REALTORS®. With more than 25 million single women over the age of 45 -- whether never married, divorced, or widowed -- it is making up a growing demographic, according to a recent report by FOX News. “Single women see homes as more than just a place to live, it’s a symbol of success, and provides roots and security,” says author Jan Cullinance, author of the AARP book The Single Woman’s Guide to Retirement. These single buyers tend to look for a home that is low-maintenance, with a sizable kitchen, walk-in closets, laundry near the master bedroom, and universal design principles to allow aging in place, Cullinance says. Some builders are reportedly adding two master bedrooms to help accommodate the 40 percent of single women who choose to have non-romantic roommates, according to AARP. Some single boomer women are also choosing cohousing communities, which are known as CCRCs or continuing care retirement communities. These communities allow you to progress from independent living to assisted living to skilled nursing care on the same campus, Cullinance says. Source: “Single Female Boomers: Choose Your Castle Carefully,” FOX News (April 11, 2013)

Who’s Buying and Selling?

The median time on market for all homes was 74 days in February, which is 24 percent below 97 days in February 2012. Short sales were on the market for a median of 101 days, while foreclosures typically sold in 52 days and non-distressed homes took 77 days. One out of three homes sold in February was on the market for less than a month.
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Lobby at Montebello
First-time buyers accounted for 30 percent of purchases in February, unchanged from January; they were 32 percent in February 2012. All-cash sales were at 32 percent of transactions in February, up from 28 percent in January; they were 33 percent in February 2012. Investors, who account for most cash sales, purchased 22 percent of homes in February, up from 19 percent in January; they were 23 percent in February 2012. “There was an upward bump in the shares of investor and all-cash closed purchases in February. These sales result from purchase offers during the holidays when shopping activity by traditional home buyers slows, but investors, who typically pay cash, remained active,” Yun said. “This is a seasonal pattern, but we’re now seeing a general increase in buyer traffic, which is 25 percent above a year ago.” Single-family home sales slipped 0.2 percent to a seasonally adjusted annual rate of 4.36 million in February from an upwardly revised 4.37 million in January, but are 8.7 percent above the 4.01 million-unit pace in February 2012. The median existing single-family home price was $173,800 in February, which is 11.3 percent higher than a year ago. Existing condominium and co-op sales rose 8.8 percent to an annualized rate of 620,000 in February from 570,000 in January, and are 21.6 percent above the 510,000-unit level a year ago. The median existing condo price was $172,500 in February, up 13.9 percent from February 2012.
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What Home Buyers Really Want in 2013

Home buyers want energy efficiency, according to a new study released by the National Association of Home Builders titled, “What Home Buyers Really Want.” Four of the top-ranked home features involve saving energy. For example, 94 percent of buyers surveyed say they want energy-star rated appliances. Ninety-one percent said they want the whole home to boast an energy-star rating. What’s more, 89 percent said they wanted energy-star rated windows and 88 percent desire ceiling fans, according to the survey. Home buyers are also paying more attention to the laundry room in homes. Fifty-seven percent consider a laundry room “essential” in a home and nearly every home buyer surveyed say they want one in their home. Organization is also big for home buyers. All ranking high on their wish-lists: A linen closet in the bathroom, space in the garage to put sports equipment and gardening tools, and a walk-in pantry in the kitchen. Meanwhile, what do buyers show little preference for? About 43 percent say they do not want a two-story family room, and 38 percent say they don’t want a two-story entry foyer. More buyers view these open spaces as less energy efficient, so they’re no longer as highly rated. Source: “What Do Home Buyers Really Want?” RISMedia (March 3, 2013)