Why a Buyer Can Withdraw Their Earnest Money Deposit Following Due Diligence - VR Business Sales Blog

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Tuesday, May 26, 2009

Why a Buyer Can Withdraw Their Earnest Money Deposit Following Due Diligence

JoAnn Lombardi
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A buyer’s earnest money deposit is to assure that he or she will complete a transaction after agreeing to do so. The nature of an offer to purchase a business, as opposed to real property, is that the seller builds certain contingencies that allows the buyer to prove the facts presented. 
 
Some of these facts may be:
  1. Are the presented financial documents correct?
  2. Can I obtain the lease that I need?
  3. What happens if I cannot receive the needed outside financing?
Once these questions are answered to the buyer's satisfaction, he or she will remove them in writing from the offer. Remember that failure to complete the deal will put that deposit at risk. Therefore, the buyer will show all due diligence when capital is on the table.

Comments

Response to: Why a Buyer Can Withdraw Their Earnest Money Deposit Following Due Diligence
Leslie Stahlsworth says
How do you get around landlords who aren't willing for ownership of lease to switch hands if I am negotiating the sale of my business?

Response to: Why a Buyer Can Withdraw Their Earnest Money Deposit Following Due Diligence
Thomas Armstead says
Are there any measures that I can put in place in the offer that would allow myself to keep the buyer's deposit in the event that the deal falls through? How can I obtain more information about having a VR Intermediary facilitate the selling of my business?

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