I asked a couple of RE attorneys who place lots of offers through their realtors every week how to get around having to put down earnest money on every deal that is accepted. (Not talking about FSBO's)
A person who makes lots of offers could go broke trying to find all that earnest money on every deal that is accepted!
They said that they write a promisory note in place of the earnest money when making lots and lots of offers. On closing day the earnest money is paid by your end buyer. They told me to try it...it works many times.
I lost my realtor last week so I can try this until I get another realtor.
Those of you who have realtors can you try a promisory note and see if it is accepted and post your results here?
It works for the attorneys so I can't see why it wouldn't work for everyone.
“There are no secrets to success. It is the result of preparation, hard work, and learning from failure.”
Colin L. Powell

On our last offer we used a promissary note, but it only gave us until 48 hours after acceptance to come up with the EM. So, yes, they'll take a PN, but in our case we didn't try putting the actual cash out until closing. I'll try that next!
Tracey
I would like to hear what happens when you tell them you don't want to put the actual cash out until closing.
Also I was wondering what happens when you put in your contingencies that they cannot cash the earnest money check until after your inspection time is up? That would give time to hopefully get your end buyers earnest money to cover the check.
“There are no secrets to success. It is the result of preparation, hard work, and learning from failure.”
Colin L. Powell
Put yourself on the other side. If you are selling your property, and you have marketing costs and holding costs on the property, are you willing to remove it from the market with just a promise to pay, or would you want the buyer to back up his offer with cash? I would want the buyer to perform within the wording of the contract, or loose their earnest money. If the money is not deposited with the closing agent, how would you collect?
"NOW GO FIND A DEAL"
Watch your thoughts; They become words,
Watch your words; They become actions,
Watch your actions; They become habits,
Watch your habits; They become character,
Watch your character, it becomes your destiny.
Author Unknown
I read in a coulpe of books,and also heard it from a speaker no a webinar that you might want put the money in an escrow acount. So lets just say you are making 3-5 offers a at a time just let them know that the money is in escrow. When they call to see if the money is there that will seal it for them.once the offer is accepted and you find your end buyer you get the deposit from them so you do not have to use the money.
Although I haven't done the escrow route yet, I heard from several other investors that if putting in multiple offers, that is the way to go. I personally will be using an escrow company or an attorney to hold the money so you don't have to put $ down on each PO
You must not claim greatness, you must achieve it.
When you look at earnest money in a contract, it is one of the elements that is needed to have a legal binding contract. A promisary note or an IOU is an excellent way to be creative in coming up with earnest money.
Consideration/earnest money:
-This can be any promise, act or transfer of something of value
-Any new advantage to the person accepting the offer or disadvantage of the person making the offer
-Check ( This really is a promise to pay also)
-Cash
-IOU or Promissary note
- A check that can't be deposited until certain conditions in the contract are completed
- A contingent lien on another piece of property (cross-collateralization)
I am glad to see that you all are being creative!
Wow! It's a blessing to hear from other Investor's who have so much knowledge. It's much appreciated!
Thnx
What if you wrote out a check but put the date your inspection period expires on the check itself? Technically they wouldn't be able to cash it until the date on the check right?
Hi everybody. Hope I'm in the right forum. I'm just finishing BARM. I was reading the use of Lease Purchase Options and it said that lots of times, Dean would deal with the seller's agent and explain that they could also act as the buyer's agent to present such an offer. Hoping that this question hasen't been posted a hundred times already, how exactly does the RE agent get paid their commission if you're offering a lease purchase option with no money down? I would appreciate any feedback I could get to clarify this for me.
Thanks in advance everyone.
Paul
Paul M Plage
Hope Hill Properties, LLC
Hello all I just wanted to state that when my RE agent and I submit offers, in the additional terms section of the purchase and sale agreement we sate that "earnest money/initial deposit of, for example $1,000, due with in 7 days of acceptance or the contract is null and void.
Then we fax them a copy of a check and the have the time to collect the earnest money from an end buyer.
If that initial deposit is not paid in that specific time frame of say 7 days the contract is null and void.
What doesn't kill me,,makes me stronger!
I dont know about other areas But in N.M. its eleagle to right a post dated check.
Bill
When jeremy and I placed our last offer, we told the realtor to present the offer and if there was interest, we would submit an em check of only $100.00. We feel with the right exit clauses the em is just a bump in the road and quite frankly a bit of a pain. If we want the house the money will be there. Of course our realtor is an investor also and goes thru the same crap so he leans toward our side a little more. perhaps it is just because we have a good relationship that we are allowed to get away with this......Jan
I'd like to know how this works too, Paul. I'm planning on writing up an offer in the next couple of days. Can we just act as our own buyer's agent too and cut down on the total commission due?
Pam Smith
I'd like to know how this works too, Paul. I'm planning on writing up an offer in the next couple of days. Can we just act as our own buyer's agent too and cut down on the total commission due?
Pam Smith
I'd like to know how this works too, Paul. I'm planning on writing up an offer in the next couple of days. Can we just act as our own buyer's agent too and cut down on the total commission due?
Pam Smith
I have done a few lease options in the Phoenix area. The agents (buyers and sellers) get paid a commission based on the rent for one year, or a preset amount whichever was set up in the listing contract. Then if the renter decided to excercise his/her option to purchase, the agents are paid another commission for the sale. Again, this amount was established in the listing contract. In both cases, the seller was paying the commission for both agents.
Al
"NOW GO FIND A DEAL"
Watch your thoughts; They become words,
Watch your words; They become actions,
Watch your actions; They become habits,
Watch your habits; They become character,
Watch your character, it becomes your destiny.
Author Unknown
I live in Sacramento Ca, and the title company is telling me that I cannot do a simultaneous closing on a deal that I have an option to buy on. They say that I have to come up with the money and purchase the property fist and then turn around and sell it which will make it a double closing. If any one knows af another way to get the house closed without me coming up with the purchase money please let me know.
Hi Roofman,
I have had same road block here in Tacoma, WA. I would love to have advise, PLEASE. Thank you all.
S*