Weekend Offer? Watch Your Deposit Deadline

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Let’s talk about that deposit deadline.

More often than not, Agents draft the APS so that the deposit is due "Upon Acceptance.”

The standard Deposit Clause, defines “upon acceptance” as delivered to the Deposit Holder within 24 hours of acceptance.

Not “next business day.” Not “when the bank is open.” Just 24 hours. Period.

Which brings us to a common — and risky —scenario when dealing with weekend offers.

Offer is accepted at 7:00 PM on a Saturday.

That means the deposit must be delivered by 6:59 PM on Sunday.

But the banks are closed on Sundays.

Suddenly, that 24-hour window isn’t practical — and now your buyer is in breach.

Most of the time, a late deposit gets sorted out. Everyone shrugs and moves on.

But if the market shifts… or a better offer comes along… or things get tense?

That missed deadline can give the seller an out.

So how do you protect your client?

Simple: don’t use “upon acceptance” unless the timelines actually work.

Here's your alternative:

1. Select "as otherwise described in this agreement" in the Deposit clause.
2. Add “The Buyer shall deliver the deposit to the Deposit Holder by 6PM on [DATE]” in Schedule A.

This lets you build in a realistic timeline and avoid that unintentional breach.

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For some of you, this is going to seem too obvious to warrant a whole newsletter.

But trust me — seeing Agreements from my side of the deal would surprise you. This issue comes up more often than you think.

It’s a very small adjustment that makes a big difference.

Remember: the deposit isn’t just a formality — it’s a contractual obligation.