Pennsylvania and New York handle offers, contracts and deposits very differently, so this is one area where buyers moving across the state line are often surprised.
- Pennsylvania: An earnest money deposit is typically included as part of the written Agreement of Sale. The amount is negotiated between the buyers agent and sellers agent and is stated in the agreement. The deposit is generally held in an escrow account by a real estate brokerage or other escrow holder identified in the agreement. At closing, the buyer receives credit for the deposit toward the funds due.
- One important thing to understand is that the deposit is tied to the terms and contingencies in your Agreement of Sale. If a transaction is terminated, whether the buyer is entitled to the return of the deposit depends on the contract and the circumstances surrounding the termination. A deposit may not simply be released because one party asks for it.
- New York: The process is different. An accepted offer generally comes first, followed by inspections and attorney negotiation of the contract. The buyer typically provides the contract deposit when the contract is signed, rather than with the initial offer. The seller's attorney commonly holds that deposit in escrow until closing.
- The amount of the New York contract deposit is negotiated as part of the transaction. While buyers often hear that a 10% deposit is "standard" in New York, that amount is not automatic and can vary depending on the transaction and what the parties negotiate.
- The biggest difference for buyers: In Pennsylvania, you can have a binding Agreement of Sale very early in the process, with the deposit and contingencies spelled out in that agreement. In New York, an accepted offer is generally followed by inspections and attorney review before contracts are signed and the contract deposit is made.
- In either state, don't assume that a deposit is automatically refundable if you change your mind or a transaction doesn't work out. Your rights and obligations depend on the contract, its contingencies and the circumstances. In New York, your attorney will advise you on the contract and deposit provisions. In Pennsylvania, I will help you understand the real estate process and recommend that you seek legal advice when a question requires interpretation of your contractual rights.
I'll guide you through what to expect with the offer and deposit process so you understand what happens next on either side of the PA–NY border.