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NAR Settlement UPDATE

New NAR Guide Covers Escrow, Earnest Money

NAR explains escrow, earnest money and their role in real estate transactions in its newest Consumer Guide. View all of the guides at facts.Realtor.

ORLANDO, Fla. — What is an escrow account, and why do I need one? Why should I put down earnest money? What happens to my money if the transaction falls through? Homebuyers often have these questions and more about escrow accounts and earnest money, also known as good faith deposits. The National Association of Realtors®’ newest Consumer Guide provides some answers, including the general terms and use cases in real estate transactions.

The Escrow and Earnest Money Consumer Guide is the 22nd in NAR’s series to help buyers and sellers understand the many factors that go into real estate transactions and make informed decisions. All of the Consumer Guides in the series, along with other resources, highlight the value of working with a Realtor® with an eye on the practice changes that began Aug. 17.

All of the guides can be viewed at the NAR website facts.Realtor. The Consumer Guides can also be printed as handouts. Most are available in English and Spanish.

Click the title to view the PDFs:

  1. Why Am I Being Asked to Sign a Written Buyer Agreement? Covers recent practice changes when it comes to working with a real estate professional as a home buyer. Spanish
  2. Open Houses and Written Agreements: Covers what buyers need to know about touring homes, attending open houses and when a written buyer agreement is needed. Spanish
  3. Realtors’ Duty to Put Client Interests Above Their Own: Covers NAR’s strict Code of Ethics that all agents who are Realtors must follow and their ethical duties to act in their client’s best interests. Spanish
  4. What Veterans Need to Know About Buying a Home: Covers what NAR is doing to promote access to financing for veterans and highlights the options available to veteran buyers in their homebuying process. Spanish
  5. Offers of Compensation: Covers the process and options available for offering compensation to a buyer’s agent and the reasons why this may be a compelling option for sellers to consider when marketing their property. Spanish
  6. Negotiating Written Buyer Agreements: Covers what home buyers should expect when negotiating a written buyer agreement with an agent who is a Realtor. Spanish
  7. Seller Concessions: Covers the most common types of seller concessions, rules for when and where to offer them and how they can facilitate a successful transaction for both homebuyers and sellers. Spanish
  8. Multiple Listing Services (MLSs): Covers what an MLS is and how it aids in the homebuying and home selling process. Spanish
  9. Fair Housing: Covers housing discrimination and the Realtor’s role in ensuring fair housing practices are followed. Spanish
  10.  Listing Agreements: Covers negotiating and signing a listing agreement with your agent. Spanish
  11. Ten Questions to Ask a Buyer’s Agent: Covers questions buyers should consider when selecting an agent and highlights the importance of Realtors. Spanish
  12. Ten Questions to Ask a Seller’s Agent: Covers questions sellers should consider when selecting an agent and highlights the important of Realtors. Spanish
  13. Buying Your First Home: Covers where to begin and what resources are available to first-time buyers. Spanish
  14. Mortgages and Financing: Covers general information about types of mortgages, available financing and concessions. Spanish
  15. Steps Between Signing and Closing on a Home: Covers commonly asked questions about the basics of what to expect during the period between signing and closing. Spanish version not yet available.
  16. Home Inspections: Covers details about home inspections including who is responsible for the associated costs and what “as is” means regarding a sale. Spanish
  17. Homeowners Insurance: Covers essential information for understanding the basics of homeowners insurance coverage. Spanish
  18. Flood Insurance: Covers key considerations for flood insurance, including requirements and options. Spanish
  19. Fire Damage and Policy Coverage: Covers important details about homeowners insurance policies regarding wildfire damage. Spanish
  20. Preparing to Sell Your Home: Covers how to prepare it for listing and viewing by potential buyers. 
  21. What Goes Into Pricing Your Home: Covers the factors that influence a home’s price, how agents can determine the asking price and what sellers should know about it. Spanish
  22.  Escrow and Earnest Money: Covers what buyers should know about earnest money deposits, including the general terms and use cases in real estate transactions.

For the most up-to-date information about the practice changes, including videos, infographics and new and revised forms and contracts, check the Florida Realtors®’ NAR Settlement Resource Guide webpage frequently.

All forms are also available on Form Simplicity. As always, the Florida Realtors Legal Hotline is available weekdays to answer your questions at 407-438-1409. Questions may also be submitted online any time by clicking here.

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