When most people sign a real estate contract, they will have a clause that they need to pay some earnest money. Usually, the amount outlined in the contract must be paid within the allotted time stipulated in the contract.
A real estate contract is still binding even if the earnest money is not paid. A real estate contract is a legally binding contract. But if the contract stipulates that you need to pay the earnest money within a specific time and you do not, then you are legally in default of the contract.
Table of Contents
- Real Estate Contracts And No Earnest Money
- Contracts – Offer And Acceptance Explained
- Related Questions
Real Estate Contracts And No Earnest Money
A valid real estate contract does not require that earnest money be paid for the contract to be considered valid under the law. The law does not require a buyer to deposit earnest money for a contract to be valid.
Even if the contract expressly requires the buyer to pay an earnest money deposit within a certain amount of time, but they do not, it does not mean that no legal contract has been formed.
In other words, the earnest money does not make the contract valid or invalid. What makes the contract valid is the contract itself.
If the buyer fails to pay the earnest money on time, they default the contract, allowing the seller to take specific action against the buyer.
Contracts – Offer And Acceptance Explained
A real estate purchase is a legally binding contract. As with any contract, an offer is made, and there is an acceptance.
In the case of a real estate contract, the buyer will make an offer to the seller. Let’s say the asking price for a house is 330,000 USD.
The buyer feels the house at the current market is only worth 325,000 USD. So the buyer makes an offer to the seller.
The seller agrees and accepts the buyer’s offer of 325.000 USD. Under some legal jurisdictions, a contract has now formed as there was both an offer and an acceptance.
Now we add that the seller asks for 10,000 USD earnest money to be paid within a week. The buyer agrees.
The buyer and seller now put their offer and acceptance into a legally binding contract. They both sign the contract; the contract is now valid.
Listen To Our Podcast About Is A Real Estate Contract Valid Without Earnest Money? by clicking here.
If the buyer does not pay the 10,000 USD, they are in default of the contract, but the contract is still valid.
Definition Of A Contract
A real estate agreement is essentially a contract. The law defines a contract as:
“A contract is an agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, element of consideration can be satisfied by a valid substitute. Possible remedies for breach of contract include general damages, consequential damages, reliance damages, and specific performance.”
Cornell Law School
As a real estate contract is valid, it is under all the same considerations as other legally binding contracts. Different states may have some different rules, but all states will rule a contract as legally binding.
Understanding Legal Real Estate Contracts
In understanding legal Real estate contracts, there are a few things to remember about the real estate contract. In the definition, they mentioned that a few things need to happen for a contract to be valid:
- Mutual Assent – Mutual assent means that both parties agree. In the case of real estate, the buyer and seller both mutually agree to the purchase.
- Offer And Acceptance – An offer is construed as you are making an invitation for it to be accepted. If you are unsure if you want a house, do not make an offer on it, as under some legal jurisdictions, an offer can be binding.
- Capacity – In a contract, the capacity is that you could make a good decision based upon what you were told or saw. In the case of a house, you walk through the house for no more than an hour, or you maybe do not know everything about the house. That is why before you purchase the home, you get a housing inspector to check if there are things you cannot see.
- Legality – Legality means that you have the right to sign a contract. For example, if you are under 18 years old, you can not legally sign a contract; you need an adult to do it.
As both a buyer and seller, you must understand the importance of a contract in a real estate sale. Both of you have obligations once that contract is signed.
Before you put in an offer for a property, you should be sure it is what you want. Before a seller accepts an offer, they must ensure it is correct. Both of you are under obligation once the contract is signed.
Suppose you are unfamiliar with real estate, the law of your state, or the applications required with a contract and earnest money. In that case, having a real estate agent comes in handy and can help you navigate all these legal aspects of purchasing a property.
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Related Questions
What Is A Life Estate? Real Estate Explained
A life estate is when a person is granted the right to use the property for the term of their life. Once the life estate holder dies, the property is passed on to the owner. The individual who holds the life estate does have rights to the property and can usually still get income from the property for the term of their life.
By clicking here, you can read more about What Is A Life Estate? Real Estate Explained
What Does A Property Title Look Like?
A property title is not a document. Instead, it is your right as an owner. The property deed is a legal document stating that your property title or rights have been transferred to you. How the property deed looks can vary from state to state, but all property deeds should have a certain amount of information to be considered legal.
By clicking here, you can read more about What Does A Property Title Look Like?.
