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a young couple (football player and famous pop singer) on the super bowl field excited to buy their first Florida home

A Super Deposit Dilemma

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The big moment had finally arrived for Taylor and Travis. No, Trav did not kneel to the ground and pull out a ring just yet — they were going to the Super Bowl! As if that was not exciting enough, prior to departing for the big game, Tay and Trav started their Florida era by signing a contract for a beautiful new home, which Tay said she had only ever imagined in her “wildest dreams!” Despite all the excitement, while traveling to Vegas, Tay had this awful feeling like they forgot to do something, and she just could not shake it off. A few days later, as Travis arrived in Vegas, his Realtor Jason called him to discuss some details for their home purchase before the festivities surrounding the big game could distract Travis too much. Jason wanted to confirm that the couple had sent in their Earnest Money Deposit prior to leaving Florida. It was at that moment that Tay realized what they forgot to do!

Deadline Dilemma: The Importance of Timely EMD Submission

Jason informed them that the deadline to submit their Earnest Money Deposit (“EMD”) to the Closing Agent was that very day, and if they did not find a way to do so, their transaction for their new dream home may never ever ever get back together! What’s worse, Jason explained that the FAR/Bar contract that they signed provides that if Buyers fail to perform any obligations under the contract, including payment of the EMD, the Seller may elect to recover and retain the EMD as agreed upon liquidated damages. Jason made it clear that not only could their Florida era come to an end before it began, but they could also end up owing the Seller the EMD, even though they did not send it in! Trav and Tay did not want to tempt karma any further, so they contacted their favorite real estate attorney, Andy, to find out how they could get this done quickly and get back to their enchanted Super Bowl love story.

Modern Solutions for Real Estate Transactions

Andy knew all too well how to help his friends send in their deposit quickly and remotely. He explained that sending a check was no longer a realistic option, as the deadline was that day, and a wire might be difficult with everything the couple had going on that day. However, Andy told the couple, “you need to calm down,” because there are now more options than ever to easily send in their EMD, including ACH transfers, right on Andy’s website. Taylor swiftly pulled out her phone, logged on to Andy’s secure site, and within minutes completed the EMD transfer and kept their Florida-era dreams alive for-evermore.

One of the initial and crucial steps in any real estate transaction is ensuring that the Closing Agent receives the EMD promptly. If your customers find themselves in a situation where sending in the EMD is difficult for any reason, rest assured that there are many convenient and modern ways to accomplish this task, including secure ACH transfers. For an example of how ACH transfers can be completed using ACH transfers, please follow this link.

If you need help or want to discover all the ways you can make EMD payments, or if you have any other real estate questions or issues, reach out to your trusted local real estate attorney.

Andrew Conaboy, Esq.

Andrew Conaboy, Esq.

Andrew is a partner at Berlin Patten Ebling and manages the Venice office. He focuses his practice on residential and commercial real property transactions.

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Here's How It Works:

Simple Submission: Using Payload, you can send your EMD funds. The platform is designed to ensure your transaction is both secure and hassle-free.

Transparent Fee Structure: A nominal processing fee of $12.00 will be applied to your transaction. This fee is disclosed during the submission process.

Instant Confirmation: Once your transaction is completed, you’ll receive an immediate confirmation email from Payload. Our accounting team will also be promptly notified, usually within minutes of the transfer.

Specifically for EMD: Payload is exclusively for submitting your Earnest Money Deposit ONLY. It is not to be used for final closing proceeds or any other payments.

Deposit Limit: To maintain the integrity of our process, we have set a maximum deposit amount of $100,000.00 for EMD submissions.