AmyCesario.com

Am I going to lose my earnest money?  This is a question that is asked by every buyer almost every buyer I have ever worked for. The basic answer is:

No.  If you follow the dates and deadlines in the contract.

Yes.  If you DO NOT  follow the dates and deadlines in the contract.

It is as simple as that.  The Colorado contract allows for at least 3 ways for a buyer to back out of a contract and your earnest money will be returned to you per the agreement.  There are a few more, but to keep it simple because every offer is different and because every transaction is different, these are the three you need to know whether you are a buyer or a seller.

1. Inspection Notice Deadline and Inspection Resolution Deadline. When you (Buyer) made the offer you presumably had a date to have your inspection done and have inspection items requested to be fixed/replaced and submitted to the seller, this needs to be done on or before the date written in the contract.  If you don’t want anything fixed because it is too expensive, or too many things were found and you just feel like this isn’t the house, this is where you back out.  No explanation needed.  Your agent will know what to do to pull you out of the contract and request the return of the earnest. If you do send a request and the seller doesn’t agree or send a resolution by the Resolution Deadline, you can back out here, as well.
2. Appraisal Deadline is another important date.  If the house doesn’t appraise for what you are willing to pay, whether you are a cash buyer or a buyer with a loan, you can back out here based on the fact the house isn’t worth the price you and the seller agreed to. The bank will not loan if the house is worth less, as per the appraisal, and if you are cash another reason to make sure you have an outside opinion of the value of the house.
3. Loan Conditions Deadline. If you have passed the first two and think everything is fine you find yourself without a job you won’t qualify for the loan, therefore, you cannot pass the loan conditions set forth by the lender.  If the interest rate changes too much and the payment is no longer affordable, this is another potential way to back out.

It is important that you keep in mind that every transaction is different, that you need to communicate with your agent and your lender and your lender and agent need to communicate to protect you, whether you are the buyer or the seller.

These are not the only three ways to back out of a contract and receive your earnest money back, but they are the most used deadlines. Be sure when you are working with a Real Estate Professional that they understand the contract, and remember in the State of Colorado, you can hire an attorney at any point in time during the transaction.

You can call me and know that YOU are in capable hands, who loves to negotiate on YOUR behalf and will represent YOU in the purchase and sale of YOUR next home.

Earnest money is money that is sent with an offer when purchasing a property.  It is similar to a security deposit when renting an apartment but it will be applied to the amount of money the buyer is bring to the table when they close on the property.  Some buyers offer more than the seller has asked for to show their seriousness or to make their offer more attractive than another offer. I have seen buyers send less than the requested amount. The seller can make the decision to accept the offered amount or ask for more in a counter offer.

If you would like to talk to me about representing you when purchasing or selling your house, please call me at 303-995-3180.  Or click on the contact me, located on the right side bar on this page.  You can also start a search and save your search by clicking on the Search Homes button on the right.

Spire in the Theatre District | Denver

Here are the seven things I love about Spire:

1. The modern minimal details.

View West from the Spire

2. The energy efficiency of the building and each condo within.  The building is LEED certified, it is the “greenest” residential building in Denver. The building operates on “Green Power, 100% of the electrical consumption is offset by renewable sources”. There are recycling chutes on every floor. Cool right? Then when you look within your condo you’ll discover the fabulous energy saving kitchen appliances, lighting, dual flush privy that  has a 27% reduction on water use, etc.

3. The floor to ceiling windows, the sliding glass doors open to your balcony and so do other windows in your condo.  Fresh Colorado air!

4. The light rail stop is only a half a block away.  Have you ever dated someone who lives downtown? Did they only have one parking space because they cost between $30K-50K at the top of the market when they purchased their property so they only had one spot or there was only one spot available to purchase?

5. The building amenities. Security. Parking. Pool. Community Space . Green Dry Cleaning. Parking. Fitness Center. Green Housekeeping.

6. The diverse price range.  This month there are condos available from $280,000 – $575,000. If you have any interest in this property or in the Theatre District give me a call (303.656.9844) or, search property here.

7. This is one of the first buildings in the Theatre District! Come live, experience and grow with the neighborhood!

Living Denver,