If you have ever bought or sold a property, you must be familiar with the concept of making a deposit. Deposits ensure that all parties involved in the transaction are committed to the deal, and it also plays a crucial role in closing the sale. However, many people wonder whether these deposits are refundable or not. In this blog post, we’ll explore the subject of real estate deposits and what happens to them in different situations.
When you make an offer on a property, you are typically required to make a deposit. This deposit serves as a form of security for the seller, letting them know that you are serious about the deal. The deposit is usually held in the brokerage trust account by the real estate licensee acting as a stakeholder. This means that the brokerage is not holding the deposit on behalf of any party, but only as a neutral party.
Now, let’s address the elephant in the room. Are these deposits refundable? The answer to this question largely depends on the conditions of the sale. For instance, if you have subject clauses you want to include in the sale, and you fail to remove them, you cannot claim your deposit back. Unless you exercise your right of rescission, both you and the seller will have to sign a separate release form.
It is noteworthy to mention that if there is no agreement between you and the seller, the brokerage cannot release the deposit, and it will have to pay the funds to the BC Supreme Court to have a judge rule on where the deposit is to go. That is why it is critical to have excellent communication with the other party to ensure that the transaction goes smoothly.
Moreover, if someone other than your real estate licensee’s brokerage holds the deposit, you should seek independent legal advice to ensure that the deposit is being held appropriately and the terms of the deposit release are valid.
In summary, real estate deposits act as a security mechanism for the seller in a property transaction. While deposits can be irrefutably refunded, you need to keep in mind that conditions in the sale contract play a vital role. Therefore, it’s always wise to seek legal advice or consult your real estate licensee before making any payment, so you don’t end up losing your deposit. By doing so, you’ll always be aware of the terms and conditions of the sale agreement and can make an informed decision.
PATRICK A. BELL – Lawyer at Bell, Jacoe & Company in Summerland BC – providing legal help with real estate and wills and estate law.