North Carolina Escrow Agreement for Sale of Real Property and Deposit of Earnest Money

State:
Multi-State
Control #:
US-01047BG
Format:
Word; 
Rich Text
Instant download

Description

An escrow is the deposit of a written instrument or something of value with a third person with instructions to deliver it to another when a stated condition is performed or a specified event occurs. The use of an escrow is most common in real estate sales transactions where the grantee deposits earnest money with the escrow agent to be delivered to the grantor upon consummation of the purchase and sale of the real estate and performance of other specified conditions.

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FAQ

The Maryland law that regulates real estate brokers, associate brokers, and salespersons requires that trust money be deposited in the broker's trust account promptly after both parties accept the contract of sale.

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.

(3) Earnest money or tenant security deposits paid by means other than currency and received by a broker in connection with a pending offer to purchase or lease shall be deposited in a trust or escrow account no later than three days following acceptance of the offer to purchase or lease; the date of acceptance of the

As soon as an agent or broker accepts an earnest money deposit on behalf of a seller, they become an escrow agent, and the money is placed in an escrow account. In most cases, when it enters into escrow, the earnest money cannot be released until both parties provide written permission.

While neither due diligence money nor earnest money is mandatory in North Carolina, most contracts negotiate to include both. Due diligence money is non-refundable, whereas earnest money is refundable if the buyer decides not to buy the home within the due diligence period.

The broker must deposit the check into an escrow account within one business day of the seller or lessor's acceptance of the offer.

This is an amount of time agreed upon between the buyer and the seller but typically ranges from fourteen to twenty-one days.

Earnest money protects the seller if the buyer backs out. It's typically around 1 3% of the sale price and is held in an escrow account until the deal is complete.

Although not as widely used in the home-buying process in North Carolina, the earnest money is a fee that can be refunded to you if you back out of the contract before the end of the due diligence period. As long as you reach the closing day, both of these funds will be credited to you at settlement.

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North Carolina Escrow Agreement for Sale of Real Property and Deposit of Earnest Money