Sunday, 23 March 2014

Is there a limit on how many times a seller can collect the earnest money deposit? Is there ever an excessive amount where it would start to...

Question

Is there a limit on how many times a seller can collect the earnest money deposit? Is there ever an excessive amount where it would start to seem suspicious if the seller collects more than once or twice on the same property?



Answer

There is no set number of times for it to appear suspicious as that is an individual reaction that has no legal meaning. If the buyer defaults and the contract calls for the buyer to forfeit the earnest money to the seller, that can occur as often as it occurs. There is no limit. I have heard of one man who for years has leased single family homes out on a lease to buy program and no one had ever gone through with the purchase so he has always kept the initial "down payment."



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