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Updated about 6 years ago, 11/25/2018

User Stats

23
Posts
5
Votes
Travis Weitthoff
  • Rental Property Investor
  • Columbus, OH
5
Votes |
23
Posts

Earnest Money in an LLC

Travis Weitthoff
  • Rental Property Investor
  • Columbus, OH
Posted

I'm buying property from an LLC. The LLC has two people in it. There is one person acting as authorization of power for the LLC, and he should be the only person within the LLC that should get the earnest money should I default on the purchase. The seller wants me to address the earnest money check directly to him. I of course think thats a bad idea and I want to address it to the title company.

The seller states that he will not receive the earnest money directly and he will have to split it with the other person in the LLC. In the purchase contract, it states that if the seller does not deliver marketable title he will refund the earnest money to me, the buyer. I still hate the idea of the seller holding the earnest money.

Do I cut him the check(every bone in my body is telling me no)? How do I guarantee only one person will receive the earnest money within the LLC?

Thank you!

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