Q: Should you send an earnest money check before viewing and discussing a Residential Sales Contract.
My agent sent time to send me forms to sign, but never sent the Residential Sales Contract. He mentioned that he needed my Earnest Check and pre-qualification form before he completed it. Is this normal? Should he complete the Contract and we review it before earnest money is changed hands. I signed a Buyer Agent agreement before he told me this, but now I do not think I want to continue with him.
A: The Contract typically has a spot to write down how much the earnest money deposit will be, so an agent would reasonably need to know the amount of the deposit before you sign. That being said, there is no reason I can think of to actually cut the check before reviewing and signing a contract. An agent may want to verify that a buyer has resources to consummate the sale so they aren't wasting time but at the end of the day, discomfort with an agent in the very beginning might suggest problems down the road.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
