Legal Question in Real Estate Law in Illinois

residential real estate sale

we are selling our home to our children. Is earnest money a requirement or can we do without


Asked on 5/01/08, 7:53 pm

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: residential real estate sale

Earnest money is usually involved to show that the buyer is serious and often can be compensation to the seller if the buyer backs out. Assuming these are not issues with your children, earnest money is not required, though sometimes lenders also consider the earnest money for other purposes. At any rate, earnest money is something that is between the parties and there is no legal requirement that such money change hands to have a valid contract.

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Answered on 5/01/08, 8:07 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: residential real estate sale

No, I do not believe that an earnest money deposit would be legally required, but it might still be a good idea.

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Answered on 5/01/08, 8:49 pm


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