EMD Funding

Earnest Money vs. Down Payment: Avoid Double Counting

By Axelrad Capital

The decision in brief

Earnest money is a contract deposit paid before closing. A down payment is the buyer’s purchase contribution. A credited deposit should not be counted twice.

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Earnest money and a down payment describe different parts of a purchase. The deposit is paid under the contract before closing. The down payment is the portion of the purchase price funded by the buyer rather than the purchase loan. At closing, the deposit can be credited toward the amount the buyer owes. Closing costs are another part of the calculation.

Work from one settlement calculation

Start with the purchase price and proposed purchase loan. Then add costs and adjustments and subtract eligible credits already reflected on the settlement statement. Ask the settlement team where your deposit appears. If it has already reduced the balance due, do not subtract it again.

Illustrative example: a $200,000 purchase with a $160,000 loan leaves a $40,000 purchase contribution. Suppose closing charges and adjustments total $6,000 and a $5,000 deposit is credited. With no other credits or adjustments, the remaining amount due is $41,000: $40,000 plus $6,000 minus $5,000. The example is arithmetic, not a quoted loan program.

The buyer has contributed $46,000 in total in that example: $5,000 earlier and $41,000 at closing. Saying the buyer needs $46,000 at closing plus the deposit would count the same $5,000 twice. Your actual settlement figures may contain additional items.

A financed deposit adds a separate obligation

If a third party funded the earnest money, the credit on the settlement statement does not erase the funding agreement. Identify whether the deposit funder is repaid at closing, from another source or under another agreed process. Ask where that repayment and any charge are shown.

Do not present borrowed funds as unborrowed cash. Tell the purchase lender and settlement team about the source so they can assess and document it under the applicable program. A deposit can be paid on time while its funding source remains unacceptable to a different lender.

Keep these four amounts separate

  • Contract deposit: what must be delivered before closing.
  • Purchase contribution: the purchase price less the proposed purchase loan.
  • Settlement costs and adjustments: items beyond the purchase contribution.
  • Deposit-funding payoff: any separate obligation to the party that supplied the EMD.

A clean comparison labels each amount once and identifies who receives it. Ask for clarification if a quote combines a fee, deposit and advance in a single unexplained number.

Which funding request should you make?

If the immediate need is the contract deposit, review EMD funding. If you need to fund the purchase side of a double closing, read the funding comparison. One deal can involve both requests, but the amounts, deadlines and repayment arrangements must be reviewed separately.

Plan your next step

References

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