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Earnest money and deposits are held in an escrow account. Once you back out, those funds are released to the seller if you haven't performed them. However, if you get your inspections, appraisals, and financing within the agreed-upon date range and choose to back out, there are no penalties.
Review Contract ClausesThe seller might have a clause hidden deep in the contract that allows him to cancel the escrow without penalties for any reason he wishes to do so. Look for that carefully when going over the contract or you could get caught up in a mess down the road.
So, canceling an escrow agreement is likely to cost a buyer a fair amount of money, meaning there should always be a worthwhile reason to cancel! Buyers are much more likely to cancel escrow than sellers, and this can be for any number of reasons.
There are good reasons to maintain an escrow: If you're not great at saving for big expenses, it can save you from yourself. Rather than making individual arrangements to separately save for property taxes and insurance, these expenses are included in one payment.
"In escrow" is a type of legal holding account for items, which can't be released until predetermined conditions are satisfied. Typically, items are held in escrow until the process involving a financial transaction has been completed. Valuables held in escrow can include real estate, money, stocks, and securities.
When there are no contingencies listed and a sale falls through, the seller will likely keep the deposit. Escrow does not typically release a deposit without permission from the buyer and seller. A home sale falling out of escrow is a disappointment for both parties.
Escrow protects all parties to ensure no funds or property are exchanged until all appropriate conditions for the sale have been met. Escrow is also an indication to the seller that the buyer is capable of making full payment.
Generally, once you are in the escrow process, you may back out only if the other party fails to meet contingencies. Check the terms of your sales contract. The other party may wish to negotiate rather than cancel the sale.
The money is held in an escrow account until closing by a third party such as a title company. If you back out of the deal and do so for a reason that was not explicitly included in the contract, you could be out your earnest money.