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Results 1 to 6 of 6
  1. #1
    braindead is offline Renter
    Join Date
    Mar 2008
    Posts
    1

    Default Can I Lose My Deposit?

    I'm trying to buy a bank repo in California. I made an offer($190,000) and gave a deposit check to my agent for $1,900. I'm using FHA(100% financing). The seller(bank) countered me for a Earnest Money Deposit of $6,000. If my loan fall's through or the inspections don't pass, can I lose my deposit?

  2. #2
    JJohnson1985's Avatar
    JJohnson1985 is offline Condominium
    Join Date
    May 2007
    Location
    Ohio
    Posts
    111

    Default

    If your financing falls through, maybe. If inspections do not pass maybe. Was the offer subject to getting financing and/or subject to the inspection?
    Last edited by JJohnson1985; 03-28-2008 at 06:30 PM.
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  3. #3
    Mike Taylor is offline Condominium
    Join Date
    Sep 2007
    Location
    Indianapolis
    Posts
    302

    Default

    Normally you will have a certain time frame to clear both the inspection contingency and the financing contingency. On average the time for inspections is 7 - 10 days.

  4. #4
    Dallas Broker's Avatar
    Dallas Broker is offline Fixer Upper
    Join Date
    Mar 2008
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    93

    Default

    Did you include some type of Third Party Financing Condition Addendum in your offer? This will protect buyer if financing falls through down the line. Buyer can ask for specific time frame to secure financing and if unable to to do, Earnest Money is refunded and contract terminated. Depending on State, laws and type of foreclosure, bank may not accept these financing contingencies.
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  5. #5
    carlam is offline Condominium
    Join Date
    Feb 2008
    Location
    Tampa, FL
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    234

    Default

    Make sure that the contract has the clauses for "right of inspection" and "obtaining financing." Some banks are asking for hard money that is non-refundable if you do not follow through to close. Your agent should be able to answer these questions for you.
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  6. #6
    championprops is offline Fixer Upper
    Join Date
    Apr 2008
    Location
    Mt.Washington, Ky
    Posts
    18

    Default deposit

    It all depends on what your contract says. Most standard realtors contracts have outs for financing and inspections. It might be another story if you are using a bank provided contract.

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