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Real Estate Deposits

Posted on 7/17/11 at 9:18 am
Posted by Wildcat85
Member since Jun 2009
16 posts
Posted on 7/17/11 at 9:18 am
What happens if the house doesn't appraise for what you offered and you back out of the deal? Do you get your deposit back?
Posted by I Love Bama
Alabama
Member since Nov 2007
38421 posts
Posted on 7/17/11 at 9:26 am to
usually....
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7362 posts
Posted on 7/17/11 at 9:34 am to
It depends on what the purchase agreement says
Posted by Hired Gun
Ibervillian Civilian
Member since Feb 2005
1874 posts
Posted on 7/17/11 at 9:34 am to
in louisiana, there are two types of deposits; one is the "normal" deposit that is either held by the seller or in escrow by the realtor; the other is called an "earnest money deposit" which is put up by the purchaser. if the deal falls through at the fault of the seller, then the seller has to match the amount of the earnest money deposit as a sort of stipulated damages for backing out of the deal. the purchaser also gets his original earnest money deposit back. If the purchaser puts up the earnest money depsoit and does'nt close, then he forfeits his emd. earnest money deposits are not very common. 99% of all real estate deals involve the standard deposit. if the deposit is an earnest money one, then it must state it as such in the purchase agreement. emd's can be good if you doubt the ability of the purchaser to follow through and also to make a clean break between the parties for a set amount without having to worry about litigating what a party's damages were becasue the other party failed to close.
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 7/17/11 at 10:53 pm to
Standard LREC contracts used by most Brokers/Realtors are not "Earnest Money" contracts.
Posted by lsufan1971
Zachary
Member since Nov 2003
23732 posts
Posted on 7/18/11 at 8:53 am to
I had a contract on my house. Buyer put down 1K. Appraisal came back at the agreed price. The maintenance inspection had just a few minor issues. Buyer decided two weeks after signing the purchase agreement that they didn't want the house. They had great financing. The girl told my Realtor that they just decided the time was not right for them to buy.I missed another opportunity to sell during the two weeks. What sucks is the buyer was refunded the 1K deposit. They really should change the law that makes it where it is not as easy to back out of a contract.

It was actually 10 days from the notification period but is was really two weeks from the actual day the contracts were signed by both parties.
Posted by Shankopotomus
Social Distanced
Member since Feb 2009
21078 posts
Posted on 7/18/11 at 1:24 pm to
tigerdroppings is the peoples REALTOR

who needs em when you have the OT/Money Board

amirite!?
Posted by BrandNew
Member since Aug 2010
330 posts
Posted on 7/18/11 at 3:39 pm to
quote:

They really should change the law


Why change the law? All you have to do is change the contract. It is not complicated, even a realtor could probably help you with it. The government should not have to solve all of your problems.
Posted by Bushwackers
Ridin' shotgun with Reese Bobby!
Member since Dec 2006
3790 posts
Posted on 7/18/11 at 4:09 pm to
Since we're on the subject of realty in La it seems I've come to the right place to ask this. I'm about to take my Brokers test and wondering how much of the test is geared towards broker questions vs basically taking the national and state license test all over again. I'm debating taking a prep course but all it does is cover these 2 portions. I'm assuming there's not a lot prep for the broker section.
Sorry for changing subject.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17127 posts
Posted on 7/18/11 at 8:22 pm to
The "standard" one I always use says that either party who backs out owes the other 10% of the purchase price. 10% usually keeps everyone honest. Start on line 219.

LINK
Posted by Spankum
Miss-sippi
Member since Jan 2007
60556 posts
Posted on 7/18/11 at 10:22 pm to
someone else probably said it....but just make sure that the agreement states that the agreement to purchase is contingent upon the house passing inspection and appraisal for the price agreed upon....
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 7/19/11 at 12:36 am to
Line 219 refers to default of the contract. if the contract is properly filled out and contingent on appraisal is checked then in the ops scenario default would not occur.

And yes, the deposit in that contract is not an earnest deposit.
This post was edited on 7/19/11 at 12:37 am
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17127 posts
Posted on 7/19/11 at 6:18 am to
quote:

if the contract is properly filled out and contingent on appraisal



There is no 'proper' way to fill out a contract for all situations. Whatever the two parties agree to is what they agree to. Period. If they agree to make it not contingent on an appraisal, then that IS the proper way to fill it out.



Posted by chuckitdeep
Member since Nov 2008
741 posts
Posted on 7/19/11 at 11:13 am to
After the inspection period, if the appraisal works out and the financing works out it should be locked in. If I'm reading this right you should have gotten the 1K deposit. The whole idea of the deposit is to keep people from just backing out of a deal. Your realtor should have been in there fighting for that deposit.
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