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momto4boys_gw

non-refundable deposit/contingency on fsbo

19 years ago

Sorry if that subject confuses any one. I wasn't sure how to word my question.

But, here it is..

My mother is selling a house she's been renovating for 9 months (we rented it from my grandpa, then her after he passed away). She got in WAY over her head. Talked into some really stupid stuff..IMO. And her $10K reno..turned into $45K. No way will she get back all she's put into it.

On the positive side, the neighborhood is great. She listed it FSBO while she did a few other last min. things, and has had a lot of action on it already. Including an offer today, on contingency of the couple selling their home.

Here's the problem..the market here isn't so great. And the house they have, in the area it's at isn't likely to sell as fast.

My mother is soooooo strapped right now, she can't even afford the utilities on this house. She wants to ask for some kind of deposit to help pay for those things, until theirs sells. Like, $500? Something that's not refundable, I'm guessing. Can she do that? And how would she ask for that..word it, etc?

I've never heard of such a thing. But, what do I know ? :)

Ty so much for any advice here!

Comments (3)

  • 19 years ago

    I don't know if she can ask for a non-refundable deposit, but she can certainly accept that contingency with the understanding she will continue to try to sell the home. If another offer comes in, she can notify them and give them a period of time to remove the contingency to sell their home.

    This should be clearly written into the contract, something to the effect of Owner will continue to actively market the home and should another offer come in that is acceptable to the seller, the buyer will have X days/hours to remove the contingency of selling their home.

    If she does the above contingency AND asks for the $500, she could offer to refund it if she sells it to another buyer b/c they were unable to remove the selling their home contingency, but not refund it if they are the ones to buy it.

  • 19 years ago

    Earnest money or deposit or whatever you want to call it, shouldn't be spent on utilities etc. It should be held in trust in case the contract falls through for a legitimate reason. Personally if someone asked me for a non-refundable deposit on a house, I'd run as fast as I could from that deal. Contracts fall through all the time, and not always at the fault of the buyer, sometimes the inspection shows the home is not what it was advertised to be. Sometimes the seller even backs out.

  • 19 years ago

    Yea, only earnest money I'd ever heard of..was one in which was just applied to everything in the end.
    And refunded if something changed with the inspection, financing,etc.

    I think because she's selling it FSBO right now..she didn't know what kind of rules there were, kwim? I hadn't even thought about something like an inspection going wrong. Which is a very valid point. All the work she had done, was because of some MAJOR subfloor rot and mold issues. (we were going to buy this house, but opted not to for these reasons. bought elsewhere) I constantly think about something with that coming back to bite her in the end. So, yea..to ask for money and SPEND it. Not being able to pay it back if the deal falls through..is sounding dumber all the time, lol.
    I just didn't have a clue. I'll pass these thoughts on. TY!!!