Kim Loizzi, Broker Associate - North West New Jersey (Century 21 - Christel Realty)

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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Every now and then a listing agent will request a copy of the EMD with the offer. I don't get it. Anyone can write a check - it doesn't mean they legitmately have money in the bank! The proof is in wiring the funds to escrow once you have acceptance. Our contract stipulates within 3 business days after acceptance but negotiable. I like to see POF (Proof of funds) with an offer and include one when my buyers submit.

Sep 15, 2016 12:45 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

In California, I don't include a copy of a check as the initial deposit is typically sent via electronic transfer within three business days of acceptance.  I include proof of funds not only for the deposit but for the down payment(financed offers with mortgage pre-approval) or full purchase(cash transactions) when submitting offers on behalf of my clients.  

Sep 15, 2016 12:42 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

It depends on the contract terms and each state's contracts are quite different. In NC, you have multiple options to deal with EMD and DDF. Some aspects are state-required.

Sep 15, 2016 12:54 AM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I do not include the actual check but a copy. here we make it out to the listing agency which is our custom to hold escrow checks. 

Sep 15, 2016 12:54 AM
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

Our offers stipulate when and to whom the deposit is made.  It can be attached, upon acceptance or any other choice made ie. within 3 days.

Sep 15, 2016 01:52 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

No I don't present a check, I write in contract that it's due 1 day after acceptance. All EM checks in my neck of the woods are made out to the sellers broker.

Show proof of deposit/cancelled check to lender only.

If EM check bounces, buyer is in default obviously & must bring in a certified check.

Sep 15, 2016 01:28 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Kim Loizzi It is customary to provide the EMD check with the offer. The buyer's agent then provides a copy of the check with the offer to the listing agent. The check is then provided with the ratified/accepted offer. The check is made out to the listing broker. By law, the broker has five business days to deposit the check into their escrow account. Should the contract fall through the buyer and seller will sign a release to determine the disposition of the funds. Should there not be agreement, it will be taken out of the broker's hands and the court will make the final decision as to the disposition.

Sep 15, 2016 01:13 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I send a blank check with the amount of EM.

Oct 02, 2016 12:23 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

For the most part, we do not get the check until the offers gets accepted.

Sep 21, 2016 07:50 AM
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

I include a copy of the check with the offer.  I generally don't ask for or provide proof of deposit. 

Sep 18, 2016 10:43 AM
Jessie Cochran
Counts Real Estate Group, Inc. - Panama City, FL
Panama City Realty Group

Wait for the offer to be accepted then have the customer write the check/send the funds to the title company

Sep 16, 2016 12:41 AM
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

No I do not - I wait for the acceptance then have my customer forward to the appropriate title company

Sep 16, 2016 12:21 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Photocopy of check attached with Offer.  It is a good "visual" for the Seller.

   We (Brokers) make it out to the Title Company, and get it out of our hands when the offer is accepted. 

  The Contract shows who has it, with their contact info.

  This is from Florida Realtors Contract:

 Deposit Clause in FAR Contract


Sep 15, 2016 11:38 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It depends.

Sep 15, 2016 10:18 PM
Roy Kelley
Retired - Gaithersburg, MD

Follow the practices in your office and the terms of the contract.

Sep 15, 2016 09:12 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Our Sellers "require" it be presented with the offer...or it's considered "incomplete"...

Sep 15, 2016 08:57 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Kim Loizzi - usually I send a copy of the check with the offer and is payable to the listing broker.

Sep 15, 2016 03:59 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I always write in that I will provide EM within 5 days of Acceptance of the offer.  No point in sending checks back and forth until we have an agreement, when I am in buying mode we make a lot of offers and to write a check with each would just be too confusing for all.

Sep 15, 2016 03:15 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

selling agent company is customary in my market.  Also contracts sometime stipulate a certain number of days past binding for brokerage to get check. If I have the check I send a copy in the email with the offer with the account number redacted. 

Sep 15, 2016 01:55 PM
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

We always make the EMD check out to our company unless the MLS states that it will be held by the listing company.

Sep 15, 2016 01:49 PM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

What does GFD/EMD mean in your market?

Sep 15, 2016 01:12 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC

Yes - Buyers present the Offer with the name of whoever is holding EMD.  We make a copy of their EMD check and send it in with the Offer along with all other documents.  It shows that the buyer isn't just making a stab at an Offer - they're serious about it by submitting a COMPLETE Offer!

Sep 15, 2016 12:29 PM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

I bring the check with me

Sep 15, 2016 11:22 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I do not take checks for years. All EMD ''to be wired to the escrow'' after acceptance of the offer. 

Sep 15, 2016 09:56 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Agree with Jeff Dowler and Michael Jacobs ..proof is in wiring the funds..we are 2 business days!

Sep 15, 2016 09:36 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Wire funds to escrow within one business day of acceptance. 

Sep 15, 2016 07:59 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I sometimes do but our contracts have a provision that allows us to stipulate the days after agreemnt is reached. Most sellers don't have to see the check with the offer, they just want to know the terms and the bottom line.

Sep 15, 2016 07:25 AM
Toronto, ON

It depends on the specific transaction.

Sep 15, 2016 05:57 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Everytime you write an offer it had better be good to go within 3 days of acceptance in CA. Proof of funds too.

Sep 15, 2016 05:07 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Winforms has boxes that you check that covers some of your concerns. I have checks made out to escrow. No proof required

Sep 15, 2016 03:44 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Most of the time there is an initial amount to be followed by a larger second one after inspections are completed.

Sep 15, 2016 03:17 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the check is made out to the listing office in our area....

Sep 15, 2016 03:01 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Before the offer is accepted I would just include a copy of the check.

Sep 15, 2016 02:45 AM
Chrissi Chapman Topoleski
Coldwell Banker Realty - Woodbridge, VA
Helping agents live an exceptional life!

Most agents ask for a copy of the EMD, which is silly as our contract states it can be delivered by a certain date. The EMD usually goes to the brokerage writing the offer.

Sep 15, 2016 02:13 AM