Commercial Real Estate Investing
Market News & Data
General Info
Real Estate Strategies
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated over 15 years ago on . Most recent reply
Question about earnest money
Hello everyone, i was just wondering if anyone has come up with any creative ways of either delaying or not putting down an earnest money deposit when putting a huge commercial property under contract.
the reason for my question is that when putting commercial properties under contract the earnest money deposit can be pretty substantial (normally 1% of purchase price or a little less if you negotiate, but chances are it'll still be a lot)
i heard about a clause Scott Scheel uses that stated something along the lines of "earnest money will be due at closing" or something, but i say to all of you will something like that fly when chances are the contract will be getting reviewed by their attorney.
i plan on having pretty rock solid contingencies in all of my contracts to protect me from having my money go hard before i actually have the funding to close on the property.
Most Popular Reply
![Charles B.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/22541/1621361919-avatar-ecs.jpg?twic=v1/output=image/cover=128x128&v=2)
Hi again Lifesstudent. To answer your first question, I only do commercial deals these days (unless a residential once in a life time deal just happens to fall in my lap) :D . As for what I say to the seller or his broker and/or attorney there really is not one pact answer to that. My presentation concerning earnest money vary depending on the seller's motivations.
There is one question that I ask almost all the time. Why do you need earnest money? Well, what if I can close by xyz day?
I also explain in detail why I can still close, but I perfer not to tie up my money with any deposits. This way they don't confuse my reluctance to provide an earnest money deposit with the inability to close. And BTW, I actually do have the money to make earnest money deposits. I simply chose not to.
Also for what is it worth, I find that many of the creative financing techniques used in residential investing do actually work in commercial investing. They will not work all the time, but thats ok. I can't buy every good deal I come across either.
I don't want to make this sound easy, because it is not. Many brokers/agents/owners/attorneys are used to doing things a certain way and they will not deviate from what they know. I suppose my message is that if you do you homework, present yourself professionally, and have your financing absolutely locked up, it is possible to find a steady supply of deals that do not require an earnest money deposit.