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Will I get my earnest money deposit back if my offer is not accepted?

3/5/2019

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Before I answer this question, let's quickly review what the earnest money deposit actually is. When you put in an offer on a property in Silver Spring, MD and beyond you will have to provide details about your earnest money deposit - on the very first page of the Residential Contract of Sale. The earnest money is expressing your commitment to the seller and is a show of good faith. It communicates that you are ready and able (in combination with a loan pre-approval) to buy and are also willing to accept some risk.

Although there is no law telling you how high your earnest money should be, there are customs & expectations. In Silver Spring, MD and beyond, 1% of the sales price is a good rule of thumb to go by. Keep in mind, however, that a competitive market may call for more. In that case, a higher earnest money deposit can give you the edge. Rounding down a bit can also be acceptable in a slower market, when there is no competition from other buyers that is. What I not suggest doing is to low-ball it. All a $1,000 deposit on a 500K house will communicate to a seller is that you don't really care about the house and may not be very serious about buying and, perhaps, bail when you get the chance. Losing 1K is a lot less painful than losing 5 or 10K after all. 

It's important to point out that you are not actually giving the seller your earnest money when the offer is submitted - your cash does not end up in the seller's house, nor the listing agent's pocket, it actually stays in your bank account for the time being. What you do submit is a copy of a check or proof of funds if you intend to wire the money. Only when the seller and you have come to an agreement and the contract has been ratified will you hand over the check (or initiate the bank transfer). Depending on the terms of the contract, your earnest money will either be held in a a non-interest bearing (typically) escrow account by your buyer's broker or the title company (that you choose). In Silver Spring, MD and beyond the check must be collected within 3 days if held by the broker and put into escrow within 7 days. 
Back to the original FAQ: will I get my earnest money deposit back if my offer is not accepted? 
As long as you are in the offering stage - including negotiations back and forth - your money is still in your bank account. You may have already handed over the check but your buyer's agent/broker is holding on to it. Therefore, should you not come to a mutually acceptable agreement with the seller, you will not make a deposit, and your check will be returned to you or you can shred it - unless of course, you decide to quickly submit an offer on a different home. 
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Could your deposit be at risk and could you actually lose it? That is a different question and one that I have answered previously. 

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How are home inspection repairs verified?

1/6/2018

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When you purchase a house in Silver Spring, MD and beyond, you typically get your inspections done within 5 to 14 days, depending on contract length and type of inspections. A Radon inspection, for example, requires a bit more time as the test should sit for at least 48 hours. 

If a full inspection contingency is part of your contract (there are different options), then, after careful review of the inspection report(s), you'll then draw up a repair request with your buyer's agent and submit it to the listing side. Once an agreement has been reached, the seller is responsible for having "all repairs/replacements done in a workmanlike manner". It is not necessary to always hire a licensed contractor (replacing a burnt-out light bulb is a good example here) but, in most cases, it is advisable and has to be clearly indicated by you, the buyer. 

The Home Inspection Contingency Notice/Addendum has a space for 

Licensed Contractor(s) and receipts: the following items enumerated from the above list shall be replaced, repaired or otherwise rectified by licensed contractor and Seller shall provide Buyer with a receipt from said contractors for such work by settlement: 

Thus, before you sign the papers at settlement a copy of all repair invoices/receipts will be provided to you which serves as your verification that all agreed upon repairs have been successfully completed. In addition, the final walk-through (done within the 5 days prior to settlement) is another opportunity to verify repairs/replacements. For that reason, it is advisable to not wait until the very last minute to schedule your final walk-through. Should anything be unsatisfactory, there's time to address it and find a solution without having to postpone closing. 

More often than not, the repair receipts and your final walk-through is how you verify that all repairs/replacements have been addressed. 

Under certain circumstances, however, it may be smart to bring back the home inspector to help you check on all repairs/replacements. Any re-inspection costs would be yours to carry. A word of caution, however, at this time the inspection contingency has already been removed in exchange for repairs (and/or a credit), this would not serve as a second home inspection after which a new list of repair requests can be submitted/negotiated! 
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Sometimes it is better to negotiate a credit vs. asking for repairs but that is a topic for another day. 
Silver Spring, MD Buyer FAQ: How are home inspection repairs verified? 
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Silver Spring, MD Buyer FAQ: when is my earnest money deposit at risk??

6/14/2016

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When a buyer submits an offer on a Silver Spring, MD or beyond property, a copy of his earnest money deposit check is included. The check must be deposited into an escrow account (typically the buyer's broker or Title Company's escrow account) within 7 days of contract ratification.

Although we recommend a deposit of about 1% of the sales price, it can be much larger. In multiple offer situations, for example, a larger deposit can help you stand out. That's quite a bit of money and, understandably, many buyers makes that a bit nervous.

Silver Spring, MD Buyer FAQ: when is my deposit at risk? Could I really lose my earnest money?
When I go over the paragraph concerning the earnest money in the Residential Contract of Sale, I also relay the following Real Estate story from the trenches to my buyer clients:

I was the listing agent on a property and represented the sellers. Our buyer's offer was chosen because the financing appeared very strong. There was a solid preapproval letter from a local reputable lender, a loan officer who answered her phone and a very experienced buyer's agent. We moved along just fine: home inspection, termite inspection and appraisal were all done with little to no problems. Communication was excellent and all parties were kept up-to-date along the way. Until about a week prior to closing that is.. about 4 weeks into the contract. All went quiet.

The scheduled settlement date was set for a Friday, a week prior we had yet to receive the financing commitment letter. The lender and buyer's agent kept talking about one "thing" that still needed to be verified but what that "thing" was exactly, was rather confusing. However, we were assured that all would be well... the Friday before, on Monday and then Tuesday, the day the buyer's financing contingency expired. On Wednesday we were told that that "thing" that needed to be verified was taking a bit longer and we would likely have to push back our settlement date. But, there was still a glimmer of hope to settle on time ... so let's all hold off with the extension until Friday.
On Friday the settlement was canceled.

What happened? As it turned out, the buyer had quit his job on Monday but did not inform anybody. The lender found out on Wednesday when a final verification of employment call was made... a day after the buyer's financing contingency expired. The buyer lost his earnest money deposit.
Per the Financing Addendum the buyer was required to promptly inform all parties if there was a change in his finances/employment that would impact his loan approval. He did not do that. Instead he thought that nobody would find out.

Silver Spring, MD Buyer FAQ: when is my deposit at risk? Could I really lose my earnest money?
Yes! When you, as the buyer, default and not perform according to the contract conditions, your earnest money deposit could be at risk. The contract between buyer and seller is legally binding!
Don't go out and make any large purchases between making an offer and settlement. Don't max out your credit card. Don't lend large sums of money to a friend. Don't misrepresent your finances.Don't lie about your employment. Don't quit your job days before closing.
Do follow all requests of your loan officer and provide any and all documentation promptly. Dowork closely with your REALTOR®, discuss step-by-step what will happen between contract and close and when all contingencies expire. And do inform your REALTOR® and loan officer promptly about any change in circumstances! 
When you follow the above advice, you won't be putting your earnest money deposit at risk but walk into settlement with a smile!
​

*I am a REALTOR® & ABR® (Accredited Buyer's Representative) in Silver Spring, MD and beyond but I am not an attorney. No legal advice is given nor implied. If you are in need of legal advice, please consult legal counsel.*
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Silver Spring, MD Buyer FAQ: How long do I have to review condo docs?

4/20/2016

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When you purchase a condo in Silver Spring, MD and beyond, the sale is subject to receipt and review of the condo documents. The seller will give (or should give) you the Condominium Seller Disclosure/Resale Addendum as part of the seller disclosure packet.

Part 1 of that document will already tell you the current monthly fee, any current or proposed special assessments, what's included in the monthly fee, whether or not the unit violates any of the condo rules and who the property management company is.
Part 2, the Resale Addendum, is executed at the time the condo docs are delivered to you which should happen more than 15 days prior to closing.

Silver Spring, MD Buyer FAQ: How long do I have to review the condo docs?

The condo docs can be quite the literature and (usually) include the deed, declaration, by-laws, rules and regulations, copy of master insurance and operating budget. The condo docs are yours to keep but you should review all within 7 days because that is the timeframe for your right to cancel the contract.
To be fair, it should not be looked at as an easy way out in case of buyer's remorse for example. At the time of delivery both sides have already invested time and money: inspections & repairs, appraisal, credit check etc.
However, in case the condo docs disclose information that you are not in favor of or agreement with (such as a low operating budget and a substantial condo dues increase possible; a large special assessment looming, a pending lawsuit ..), you can declare the contract null and void within those 7 days and without giving the seller a reason.
In that event, your earnest money deposit will be released to you after all parties signed the required release form.
​
Silver Spring, Md Buyer FAQ: How long do I have to review the condo docs?
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Condos in Silver Spring, MD: What's included in the condo fee?

3/8/2016

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In short, condominiums are individually owned units in a larger complex in which all unit owners share the common elements. Condos come in different styles, sizes and price-ranges. In Silver Spring, MD and beyond you can find high-rise condominiums, garden-style condominiums and townhome-style condominiums. There are large communities and quaint communities, gated communities and age-restricted communities.

Just as varied as the type of condos are the monthly condo fees. In general, the fee covers amenities, maintenance of common elements, exterior maintenance, master insurance, trash collection and management fee.
The fee can seem steep at first glance but it's important to investigate what exactly is included and how healthy the condominium's operating budget is. If it's short on funds, a fee hike or special assessments may be looming. There is no surefire way to predict it but the Condominium Disclosure (part of the seller's disclosure packet) and the budget will give you the big picture. 

 Here's a closer look at a couple of Condominium subdivisions in Silver Spring, MD

1. Hearthstone Village, 20902 Silver Spring
Hearthstone Village, a Beazer community in Wheaton, is a quaint subdivision with townhome-style condos. Most of the buildings have 2 units, a 2 bedroom on the lower 2 floors and 3 bedrooms on the upper 2 floors.
All come with a garage and a 2nd parking spot - that is a big plus for the community (in addition to its location: walking distance to the Wheaton Metro).  You won't have to hunt for a parking spot every time you come home nor pay an additional parking fee.
The monthly fee is the same for all units, currently $230/month. It's been the same amount for quite some time but the condo board has worked diligently to maintain a healthy operating budget and reserves.
Amenities in Hearthstone Village include a play-ground and a common area gathering place for the residents. Maintenance and repairs, landscaping, trash collection (there's an enclosed dumpster area) and snow removal are covered with your monthly dues.
The exterior maintenance and repairs on all units to include front steps and railings, gutters, siding, roofs and the balconies are also the condo's responsibility!

2. Americana Finnmark, 20902 Silver Spring
The condos in Americana Finnmark are either garden-style or mid-rise buildings, most are single level but a number of 2 floor units are located in the mid-rise building.
The amenities include a play-ground, albeit a small one, tennis courts, BBQ areas, extra storage, an outdoor pool, on-site management and laundry (some units have a washer & dryer, for all others a secured laundry room is located in each building/on each floor in the mid-rise).
The current monthly condo fee ranges from $400 to $700, depending on the size of the unit but it's "all-inclusive": 
In addition to exterior maintenance & repairs, community amenities, management, master insurance, snow removal, trash removal and parking (which is unassigned but plenty), it also includes utilities (electric, gas, water & sewer).

​Condominiums in Silver Spring, MD and beyond
 come in different styles, sizes and price-ranges and come with different condo fees. If you want a long list of amenities, there's a condo for you. If you prefer less (and a lower monthly fee), there's a condo for you!
Having less maintenance and property repairs to worry about is one of the big benefits of owning a condo. Think about how much time you have to devote to property upkeep, a condo may just be the right fit for you!
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Silver Spring, MD Home Buying FAQ: What does DOM stand for?

2/21/2016

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Q: What does DOM stand for?

A: DOM stands for Days on Market and tells you how long a property has been actively listed for sale. Emphasis is on active. Sometimes contracts fall apart and the status of a listing previously shown as Contract or Contingent is changed back to Active. In that case the number of days the property was under contract do not count towards the DOM.

Q: What's the difference between DOM and DOMP? I sometimes see different numbers listed.
A: While DOM tells you the number of days a listing has been active, DOMP also includes the days the property was listed under a different MLS (Multiple Listing Service) number. That can happen when a listing agreement between a seller and a broker expires and the seller then relists with a different broker. Another example is when a listing agent withdraws a listing and then enters the same property as a new listing in an attempt to reset the days on market (sneaky, I know!). 

However, only DOM will be reset to 0, DOMP will continue to count the days from the beginning. A property has to be OFF market for 90 days for DOMP to be reset as well.
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Your Silver Spring, MD REALTOR® should check both, DOM and DOMP, for any property you are seriously considering writing an offer on as well as its history (status changes & price adjustments) on top of checking for the most recent comparable sales.
Silver Spring, MD Home Buying FAQ: What does DOM stand for?
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What is a vintage home?

2/7/2015

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Vintage comes from the Latin word vindemia = grape gathering and describes high quality wine that is produced from grapes that were grown and harvested in a single year. Over time the definition of vintage broadened to include old 'things' that were of quality.

Technically, anything that is neither antique nor contemporary could be labeled vintage. Does that apply to homes, too?
​
What is a vintage home?

I am not sure if there is an official definition but whenever I am approached by Silver Spring, MD area home buyers to help them find a vintage home, the following are the criteria we go by:
  • although vintage generally means between 25 and 100 years old, when it comes to homes most buyers are looking at pre-1970 construction
  • the homes must be representational of the era they were built in: a home that was added on to so much that it is no longer a bungalow or cape cod or mid-century modern would not make it onto our vintage-home-tour-list
  • original character and original features must be present (and possibly be intact): if a home has been updated to such a degree that it lost its original character, vintage house hunters are typically not interested. They'll make one exception, however: the possibility of restoration - because many also like a project or 2 and delight in treasure hunting.
Not all buyers searching in and around Silver Spring, MD for a new home are looking for shiny and new. There are many who prefer the warmth, character, charm and personality of older, vintage homes.
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What should I do if the seller calls for highest and best offers?

12/11/2014

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When the Silver Spring, MD Real Estate market is a competitive one, when there are more buyers than listings and multiple offers are not an anomaly, then the listing agent - on behalf of the sellers - will often call for highest and best offers.

The call for highest and best can feel like throwing stuff blindly at a wall in the hopes it will stick. It's best to remain calm, review the comps (again) and decide on what this house is worth it to you. Make an offer that will leave you with no regrets if yours turns out not to be the highest and best. That really is the secret for any bidding war! Don't bid out of your comfort zone and keep in mind, if it doesn't work out, it's not the right house.

Could you be offering much more than the 2nd highest and best offer?

Possibly. One way around that is to include an escalation clause. You offer a price and agree to escalate up to a certain amount in steps. If you offer 300K for example but are willing to go as high as 310K, then you say you'll up any other offer by $500 or $1,000 until your max is reached. Again .. you decide what that max is. You will still have an appraisal contingency in place to make sure your are not purchasing the house for more than its market value. The comps should still support the price unless you are willing to pay cash over the appraisal value.

You can also tweak your other offering terms a bit, price is just one - albeit the most important - factor. Perhaps your agent can find out which closing date would be ideal for the seller. Maybe you can reduce the closing help you are asking. You can make sure your loan preapproval is as strong as it could possibly be and you could also increase your earnest money deposit.

When the seller calls for highest and best, don't panic! Decide what the house is worth it to you and put your best foot forward.

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How do I know if a house is "the one" for me? 

7/11/2014

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How will I know if it's the right house for me? How will I know if it's the one? This is a question frequently on the mind of First Time Maryland Home Buyers. It's the first time they are going through the process, thus it's very understandable. They are often on information overload, want to make sure they are getting a good deal and are not missing out on something better. They may have heard (horror) stories or received too much well-meaning advice from too many different sources.

The answer is quite simple actually: you just know. When you walk into your future home, you will know. You'll feel the excitement building as soon as you pull up in front of the house. When opening the front door, it will feel like opening the door to your home. You will feel comfortable being there and you'll be able to easily envision yourself living there. You'll check off many (or all) of the items on your must-have list and will find yourself easily willing to compromise on your would-be-nice list.

Should I sense a bit of doubt or uncertainty, then I always pose the question: If this house were to go under contract tomorrow, how would you feel? If you answer is: It would be OK, I would just move on and look for another option. Then it's not the one for you. But if your answer is: I love this house, I would be upset! Then let's dig deeper, pull the comps, review the disclosures, talk to your loan officer and move forward because it sounds like the one for you.

And if it is, all the other pieces of the home-buying puzzle will fit together, too! If it doesn't work out, it's not the right house!

For me, one of the most exciting aspects of assisting Silver Spring, MD home buyers is that I will be able to tell, too, if it's the one for you. It's a combination of experience, listening skills, capacity for empathy and being diligent in my research, I always know when my buyers and I have found the right home. It's a terrific moment - one that I love to experience again and again.

Silver Spring, MD Home Buyer FAQ: How will I know if it's the right house?
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Do the appliances come with the house? How about the pool table? 

6/23/2014

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Do the appliances come with the house? How about the shed? Window treatments? Ceiling Fans? Pool table?

These are all examples of personal property which typically convey with the house in the State of Maryland. When the seller executes a listing agreement with his agent he also fills out a Property Inclusion/Exclusion Addendum. The listing agent makes (or should make) this information available to the buyers and buyer's agent, it often is included in the seller's disclosure packet.

Buyers can see exactly which fixtures and personal property is included and whether or not there is anything that is specifically excluded from the sale. The Residential Contract of Sale includes a paragraph where all the applicable items can be checked off as well.

It is important to note that the Inclusion/Exclusion Addendum supersedes the Residential Contract of Sale in that respect. If the Addendum is part of the contract but lists different information, then that is what counts.

What about the pool table that fit perfectly into the basement? If it's not listed on the addendum then the seller wasn't planning on including it in the sale. However, that doesn't mean he won't consider it. It never hurts to ask!

All personal property should also be the same as of the date of contract execution. That means that the seller cannot just decide to take the brand-new stainless steel fridge to his new home and replace it with a 15 year old model. The personal property you saw and which is checked on either the Inclusion/Exclusion Addendum or the Residential Contract of Sale or both, is the personal property that conveys with the house.

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Yes, this house was for sale! My buyer passed on it. It looked like the seller really loved his old appliances and decided to take the best ones out. It's not something I would advice my clients to do but he is free to do so.

Since it was done before the house was offered for sale, these mismatched appliances conveyed (unless the buyer's agent negotiated for replacement or a credit).

The missing vent was (hopefully) asked to be taken care of via the home inspection repair addendum.

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