Maine Escrow Agreement for Sale of Real Property with regard to Deposit of Earnest Money

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Description

Escrow refers to a type of account in which the money, a mortgage or deed of trust, an existing promissory note secured by the real property, escrow "instructions" from both parties, an accounting of the funds and other documents necessary to complete the transaction by a date, is held by a third party, called an "escrow agent", until the conditions of an agreement are met. When the funding is complete and the deed is clear, the escrow agent will then record the deed to the buyer and deliver funds to the seller. The escrow agent or officer is an independent holder and agent for both parties who may receive a fee for its services.
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FAQ

Typically, the deposit would remain with the deposit holder (realtor or solicitor) pending a court order or mutual release signed by both parties.

A deposit is usually 10% of the purchase price, a significant sum. The deposit is paid to the seller on exchange of contracts as part payment of the purchase price. A request for a deposit over 10% should be questioned as it may not be legally enforceable because it amounts to a penalty on the buyer.

Brokers must deposit earnest money funds into the escrow account promptly, interpreted by TREC to be within 2-3 business days of binding agreement date. When affiliate brokers receive earnest money, such funds should be paid over to the broker with whom they are under contract: Immediately upon receipt.

And as a buyer, you should remember that this is generally non-refundable, as it acts as a deterrent to backing out of a deal in progress. This money is generally held by the seller's broker, and used towards the down payment and closing costs.

In an escrow agreement, one partyusually a depositordeposits funds or an asset with the escrow agent until the time that the contract is fulfilled. Once the contractual conditions are met, the escrow agent will deliver the funds or other assets to the beneficiary.

Q: When does an EMD have to be deposited? Within five days the deposit must occur within five business banking days following ratification unless otherwise agreed to in writing by the parties.

When Is Earnest Money Due? Earnest money is usually due within three days of a signed and accepted offer. The earnest money check can be wired to an escrow account, or delivered to the seller's agent. It's important to get that money to the seller as soon as your offer has been accepted.

Whenever a licensed real estate firm or agent holds any earnest money, it must be deposited in a trust or escrow account until closing.

It must be substantial enough to demonstrate good faith and is usually between 1-5% of the purchase price (though the amount can vary with local customs and conditions). If your offer is accepted, the earnest money becomes part of your down payment or closing costs.

Earnest money is usually due within three days of a signed and accepted offer, the American family insurance blog says.

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Maine Escrow Agreement for Sale of Real Property with regard to Deposit of Earnest Money