Legal Question in Real Estate Law in Massachusetts

Offer Deposit

When making an offer we put down a deposit can this check be cashed?


Asked on 9/28/07, 11:40 am

4 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Offer Deposit

I charge a reasonable flat fee and represent only buyers.

Don't miss an opportunity to protect yourself in Purchase & Sale negotiations. Please give me a call or visit my website for more information.

I always attend my client's closings. I am located in Quincy.

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Answered on 9/28/07, 2:04 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Offer Deposit

Yes, unless the check is cashed or deposited, no real consideration has been tendered to establish there has been a good faith offer. The deposit, however, must be maintained in accordance with the terms of the offer. Be forewarned that a good faith offer, once accepted, constitutes a binding legal contract, about which you should retain the advice of a competent contract attorney. Good Luck!

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Answered on 10/01/07, 2:16 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: Offer Deposit

Yes, if the offer is accepted it should be cashed by whoever is assigned to hold the escrow deposits (typically either the broker or an attorney) in an escrow account.

It should not be cashed if the Seller has not accepted the offer.

If you need representation in the purchase of real estate, please feel free to contact my office. We do not represent lenders, only Buyers or Sellers.

It is wise for both Buyer and Seller to have their own legal counsel. (Note that the Lender's counsel represents the lender's interests first, and there are possibilities of conflict between the Buyer and Lender. In some cases, to save money, Buyers take the risk, but the risk should be explained to them by the lender's counsel.)

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Answered on 9/28/07, 12:20 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Offer Deposit

I will make it simple.

No, it cannot be cashed.

It must be deposited into an escrow account!!!

If you have questions, contact me.

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Answered on 9/28/07, 1:16 pm


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