After you make an offer on a house and it’s accepted by the seller, you’ll be asked to put down an earnest money deposit to show your commitment to this purchase. But while you might be gung-ho to move ahead, the deal could still fall through if you can’t get a mortgage.

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Some buyers are willing to forego an inspection contingency in order to get a house for a low price. That might or might not be the best option for you as a buyer, so be sure to know fully what you are getting into. Otherwise, your earnest money could be at risk if you back out because of an inspection item. Get Your Earnest Money Back with Due Diligence Findings. Starting in Real Estate is an exciting process. The idea of wealth creation and building equity is a significant advantage, which, for some, is a primary motivation. A licensed real estate firm or agent holds any earnest money, it must be deposited in a trust or escrow account until closing. However, if any addenda are used with the form, check to see whether they conflict with any provisions in the form concerning who will hold the earnest money or other pre-closing deposits. Earnest money can also be held in the trust account of one of the Real Estate brokers involved in the transaction, but this eventuality is primarily restricted to the rental arena these days. If you are buying a house, you can pretty much take it to the bank that you will be dealing with an escrow company. An arnest money contract plays a specific role in a real estate transaction. Learn how they works and what their role is before paying earnest money in 2021. About West Virginia Earnest Money Contract Lawyers. Find the best lawyer for your project Browse Lawyers Now. West Virginia Earnest Money Contract lawyers by city.

Which begs the question: If financing fails to happen, do you get that earnest money back?

In most cases, yes—that is, if you take a few precautions. Here’s more on how to protect your earnest money during the home loan process.

Mortgage pre-approval

It’s best to find out if you can get a loan—and how much—before you start house hunting. That alone could help you protect your earnest money.

Here’s how it works: You approach a lender and explain that you’re ready to go house hunting. The lender asks you for details about your finances—usually copies of your pay stubs, tax returns, and the like.

The lender then comes up with an amount it’s willing to lend you to buy a house. This process is known as a mortgage pre-approval.

Getting pre-approved for a loan will help you when it comes to choosing a home that’s within your price range. That way, you won’t put down earnest money on a house only to find out the bank isn’t willing to lend you enough to buy the place.

Financing contingency

Another way to protect your earnest money is to include a financing contingency in your real estate contract. Basically this means that the purchase of this property depends on your getting a loan first. If a loan can’t be secured, then you won’t buy the house—and can take back your earnest money.

A real estate attorney can help draw up a contract with contingencies that protect you and your earnest money, says Scott Browder, broker in charge at Wilkinson ERA Real Estate in Charlotte, NC.

If there’s no contingency, you are out of luck—and the seller will get to keep that earnest money.

The lender appraisal process

The lender appraisal process is another place where things can get tricky. Your bank may have said you’re qualified to take out a loan large enough to cover the cost of the home you want to buy, but to ensure its money isn’t at risk, the bank will send an expert known as an appraiser to the home to evaluate just how much it’s worth.

If the bank’s appraiser doesn’t feel the house is worth as much as or more than the agreed-on asking price, the bank may not approve a loan that large, even though you were pre-approved.

If that happens, there are a few options: The seller can lobby for another appraisal, which will hopefully increase the amount the bank is willing to loan. A buyer can put up a heftier down payment. If either option is manageable, you’ve saved your earnest money!

If neither option is possible and you must walk away from the deal, you may still be able to hang onto that earnest money if your financing contingency states you need a loan of a certain amount to buy the house. That way, if your loan amount falls short, you can cut your losses and keep your earnest money.

How to protect your earnest money deposit

If your loan is large enough to cover the costs, you should be all set, right? Well, usually, says Browder. But even with a pre-approved loan, a buyer can still be denied financing as the closing date nears, especially if the buyer has major financial changes such as a job loss or a credit score decline.

Browder is quick to warn his clients not to make any big purchases or any drastic moves that could affect their credit score between mortgage pre-approval time and the closing of the real estate deal.

“There is one final credit check right before closing,” Browder says, “so no buying furniture or anything for that matter!”

That final credit check could cause financing to fall through late in the game. Once again, if you have a contingency in place that covers a loan falling through, you should get your earnest money back. But if the contingency isn’t there, you’ll lose that money.

The post Do You Get Your Earnest Money Back If You Can’t Get a Mortgage? appeared first on Real Estate News & Insights | realtor.com®.

An earnest money deposit is a money deposit put down by the buyer in a real estate transaction that shows the seller the buyer is serious about purchasing the property. When a buyer signs a contract, they put down earnest money, anywhere in the range of $1000 to upwards of $50,000, to show how serious they are about purchasing the real estate.

The earnest money is held by a third party, (typically a lawyer or real estate agent), until the day of the closing. When the closing day comes, the funds are released toward the buyer’s down payment.

However, what happens to the money if the deal is terminated? Basically, you have to know what the fine print of the contract you signed says. Usually, if the seller is the one that cancels the deal, there are no questions asked and the money is returned to the buyer. However, if you are the buyer and want to cancel the contract, your reason why must comply with one of two conditions in the contract for you too be able to get your money back. Either you cannot obtain financing according to the terms laid out in the financing contingency and you send a cancellation notice before the expiration of the financing contingency term; or you obtain an inspection by a certified inspector, find that one of the major components of the real estate is not functioning for its purpose, and you send a cancellation notice before the expiration of the term in the inspection paragraph of the contract.

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It is very important that your attorney stay on top of these contingency dates for you. When I represent you on your real estate transaction, I will be the one working on your deal. I will handle all your negations personally.