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Updated over 8 years ago on . Most recent reply

Money!
Do I give the seller the EMD upfront? Do I get the EMD from the buyer?
Most Popular Reply

EMD is usually held by a 3rd party (attorney or Title Company) . It could be your attorney or the seller's attorney. If you don't have a buyer lined up then you need to pay the EMD to control the property. If you do have a buyer under contract then the buyer can fund the EMD.
Technically you don't have a contract w/ the seller until something of value is exchanged; that's usually EMD.