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The Privy Council advised that the sellers could not retain the deposit, and must return, subtracting any loss they could prove they suffered. Lord Browne-Wilkinson said it was "not possible for the parties to attach the incidents of a deposit to the payment of a sum of money unless such sum is reasonable as earnest money."
An earnest payment or earnest money is a specific form of security deposit made in some major transactions such as real estate dealings or required by some official procurement processes to demonstrate that the applicant is serious and willing to demonstrate an earnest of good faith about wanting to complete the transaction.
Earnest money is either paid to the seller or refunded to a potential buyer, depending on a number of factors. The termination option gives a potential buyer time to fully evaluate the condition of the property and perhaps renegotiate the initial offer based on inspections , needed repairs, or other considerations.
Most renters expect a refund on their security deposit when they move out of their apartment (save for those who have completely trashed the place). But a hefty percentage of renters aren't ...
IRS TREAS 310 signals an ACH direct deposit refund or stimulus payment resulting from a filed tax return, amendment, or tax adjustment. According to CNET, 310 is a code that identifies the ...
On the other hand, the party making an advance payment retains no right to insist upon the return of the funds as long as the recipient fulfills the contractual agreement. [3] The security deposits required by many residential landlords of their tenants are the source of much dispute and litigation. Many states and municipalities have enacted ...
The U.S. Treasury is getting into the prepaid debit-card business, launching a pilot program targeting 600,000 taxpayers who receive tax refunds and inviting them to receive that money on a debit ...
As one source puts it, "[i]n a pejorative sense, commingling is the special vice of fiduciaries (trustee, agents, lawyers, etc.) in failing to keep a beneficiary's money separate from the fiduciary's own money". [1] Commingling is particularly an issue in case of bankruptcy of the fiduciary. Funds held in care are not the fiduciary's property ...