I’m living much of my time right now with my nose pressed right up against one tool or another — listings, DocuSign, the steering wheel, et endlessly cetera. That’s cool, we need the dough, and we can’t make it rain hard enough, fast enough. But by this point I have no idea if something I’m doing is an innovation or not. I’m just dancing as fast as I can.
This topic just came up, and I’m passing it along because I haven’t done that here yet. I know this because I hadn’t done it with my wife and business partner until just now.
Here’s the scoop: I’ve all but stopped taking earnest checks. I’m having almost all of my buyers wire their earnest money deposits directly into title. I never touch anyone’s else’s money — the only known way a real estate broker can be assured of escaping imprisonment.
But that’s not my reason for coming to do things this way. I used to take the check, made out to Chicago or Fidelity or whatever, then schlep it around while I waited for the contract to be executed. Not fun but not onerous — just inefficient.
By now, I do a lot of REOs as rental home investments for out-of-state buyers. I don’t know the name of the title company when we write the contract, and the buyer is back home by the time we need to deposit the funds.
I don’t even talk about checks any longer. I tell the buyer how things work and that I will have title email wiring instructions when we’re ready to rock. Totally transparent, totally arm’s-length, and no one involved in the process says boo.
If the lister is a little too adamant about receiving a PDF of a fax of a scan of a photocopy of a useless check, I will add language like this: “Seller is aware that Buyer will deposit Earnest Money by wire transfer into Title Company, to be determined by Seller, within one business day after Seller’s final acceptance of this Purchase Contract and any incorporated addenda.” (Reminder: I am not your broker.)
It’s the perfect solution — almost.
Bank wires move slowly, this because banks want to milk their own depositors for interest — float. The banks will blame it on their antique computing hardware, but if you take quick look around whatever room you happen to be in right now, I expect you can lay eyes on a computer that can move money at internet speeds — instantaneously.
So here’s a push we can all make, all at once: Praise the gods, our friends at the title companies have all just discovered email — and Twitter and Facebook. How about let’s introduce them to PayPal?
Here’s what I want: When an owner-occupant buyer of a seller-actually-has-folding-green-equity home tells me he doesn’t want to have to go through the hassle of a wire transfer, I want to be able to say, “No problem. You can pay by debit or credit card on the title company’s web site. They’ll charge you a small processing fee, but the money will move in real time with zero hassles.”
So: For my own part: Chicago Title, I’m calling you out. This is good business, good marketing and good PR — you can brag about it in your spam. This is the next step in your emergence into the world of internet commerce.
Go ye and do likewise with the title company you favor. This is what Bloodhounds can do for the real estate industry: Help it to grow up.
Greg Swann says:
Post number 13000, that’s lucky. The dogs prove it every day, posts and comments: This is the incubator of ideas in the RE.net.
August 14, 2010 — 10:01 pm
James Malanowski says:
I’m with you – My office policy is to never collect earnest money. I have buyers write a check to ” Escrow” and make a copy of it so I have something to send to the listing agent or seller. Most escrow companies I use will provide their FedEx account number so the buyer can overnight the check on the title company’s dime.
I like the idea of escrow accepting PayPal, but the problem I see there is that if the buyer gets a bug up their ass about something, they could dispute the charge and that would cause a problem.
There should definitely be an easier way to transfer funds to escrow, though.
August 14, 2010 — 10:24 pm
Greg Swann says:
> if the buyer gets a bug up their ass about something, they could dispute the charge and that would cause a problem.
Indeed. But that’s a breach. Buyers can stop payment on a personal check, too. Plus they have a full arsenal of no-fault contingencies. It a buyer ain’t glued on when you announce the engagement, demanding certified funds for the dowry won’t get you any closer to the final nuptials.
No big deal, though. Serious people have no objection to making serious commitments. Checks by FedEx, wire transfers, something net.wise that’s cheaper still, it’s all cool with me. I’m going to move a lot of paper and people to make this transfer of title happen, but I love it if I can keep all of the money moving without touching any of it. I’m working for the buyer, only, and I like for there to be no doubt about that. This is mechanics as marketing.
August 14, 2010 — 10:46 pm
James Malanowski says:
Of course they can cancel a check, but they’d have to do it within 3 days or so since checks clear a lot faster than they used to.
If they paid via credit card they could dispute the charge months later – possibly even after escrow closed. Not saying they would, but it’s just one more avenue for those so inclined to take advantage of.
Don’t mind me … My mind just throws out these strange possibilities when I think about how people can game the system. 🙂
August 14, 2010 — 11:10 pm
Sean Purcell says:
Like where you’re going with this Greg, but would not recommend buyers use a cc if you’re looking for time efficiency. The lender does not want to see a cc payment for anything involved in a home purchase – especially a part of the down payment – and will certainly require documentation that the earnest money has cleared the PayPal account AND that the cc charge has been paid in full by real funds. Buyer will have to provide cc statements (not something I ever like presenting to an underwriter), proof of payment, proof of actual funds transfer and proof the charge has been removed from the cc itself. You may not have to touch the funds, but your client and their lender are going to have to touch a whole lot more paper than before…
August 15, 2010 — 8:09 am
Greg Swann says:
There is no accounting for insanity, I guess. The entire internet runs by credit card, but the super-efficient, always-on-top-of-things banking system can’t find a path out of the 18th century…
August 15, 2010 — 8:55 am
Tim Shepard says:
Although most of us don’t see the reality of credit card purchases in our every day lives, credit cards are not free. This would be obvious if not for government interference that prevents merchants from advertising separate prices for credit purchases verses cash purchases. For example, how many of us would charge $50 worth of gas on a cc when we could have paid $48.50 with cash?
Chicago Title could probably provide this as a service but that would require every buyer to have a CC issued by them. I don’t think that’s going to happen. The alternative would be for American Express, Visa, etc to waive their fees for real estate title transactions but I don’t see that happening either.
In the case of earnest money, a CC company may charge $150 for processing a $5000 EMD. That money is gone and not applied to the closing. Does the seller take $150 less or does the buyer eat it? At least with checks or wire transfers, $5000 is $5000 and any additional fees are charged on top of the transaction to the appropriate party.
I really don’t think cc’s are the answer but I do absolutely agree that something is wrong with the Earnest Money Deposit process relating to real estate.
My preference would be that no earnest money is deposited until the last contingency is removed from the contract. For example, with foreclosures, there is typically an inspection period in which the buyer can get out of the contract, at their sole discretion. Why not make the earnest money deposit due at the expiration of this period?
From a seller’s viewpoint, I’m much more interested to know that the buyer has spent money for an inspection, spent money for an appraisal, spent money for a survey and other items. These expenditures demonstrate a much higher buyer commitment than earnest money deposits that can easily be retrieved based on some contract contingency.
August 15, 2010 — 2:43 pm
Robert Worthington says:
Greg, I agree with you and the idea is genius. I hope RESPA doesn’t step in and say that this will cause a buyer to pay more money for a closing a transaction. However, your method is actually safer for the buyer. They meet the EM deposit cont. instantly and also this rids bad brokers from touching money. After the transaction would cost more, but I still like your idea.
August 15, 2010 — 5:43 pm
Brian Brady says:
Valid points about the tracking of funds (Sean) and the costs involved. Still, this is a fine idea.
What if BHR issued a debit card? Have the buyer “buy” $5,000 on the card, BHR kicks in the $150 for the fee Chicago Title incurs ( just add the fee to the card ) ? Keep receipts for the lender.
I think I’d like a buyer who was looking for houses with a debit card, with the BHR dog on it, in his wallet?
August 15, 2010 — 7:34 pm
John Kalinowski says:
Hi Greg! Couldn’t you just write the offer to say the buyer will mail or drop off a certified check to the title company after satisfactory completion of all required inspections? That’s what we’re doing, and you don’t have to touch the check or worry about wire transfers. You just give them instructions as to where to send it, and it’s in their court.
September 1, 2010 — 5:43 pm
Greg Swann says:
> Couldn’t you just write the offer to say the buyer will mail or drop off a certified check to the title company after satisfactory completion of all required inspections?
Many of my buyers are out of state, so wire transfers make sense, at least for the monied folks, but I love the idea of “after the inspections.” I’m going to see if I can get away with that one!
September 1, 2010 — 6:00 pm