Last Updated: Apr 21, 2026
Terms of Use
Welcome to emdfunders.com (the "Site"), owned and operated by EMD Funders, LLC ("EMD Funders," "we," "us," or "our"), a Wyoming limited liability company. By accessing or using this Site, submitting an application, or engaging with any of our services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years of age and legally able to enter into contracts. Our services are available only for business-purpose, non-owner-occupied real estate investment transactions. We do not serve consumers, owner-occupants, or personal-use homebuyers. By using the Site, you represent that your use is solely for lawful business investment purposes.
2. Services Overview
EMD Funders provides 100% soft earnest money deposit (EMD) financing for qualified, non-owner-occupied real estate investment transactions. All EMD-funded transactions are required to use our designated title and escrow partner. Deposits are always soft, meaning they are fully refundable to EMD Funders during the applicable due diligence period.
3. Application Process
- Submit a completed online application for review.
- Pay the applicable Application Fee at the time of submission.
- If approved, receive and sign a term sheet and loan documents.
- Pay the applicable EMD Fee before or on the day of funding.
- EMD Funders funds 100% of the deposit directly into escrow with our designated title partner.
Submission of an application does not guarantee approval. EMD Funders retains sole discretion over all funding decisions.
4. Fees
| Tier | EMD Range | App Fee | EMD Fee Rate |
|---|---|---|---|
| Tier 1 | Under $25K | $1,500 | 10% |
| Tier 2 | $25K – $100K | $2,500 | 10% |
| Tier 3 | $100K – $300K | $3,500 | 8% |
| Tier 4 | Over $300K | $5,000 | 6% |
Fees listed represent EMD Funders fees only. A separate preliminary title fee will be charged by our trusted title partner at the time escrow is opened.
5. User Obligations
- Submit truthful, accurate, and complete information in all applications and communications.
- Provide only unsigned (un-executed) purchase and sale agreements.
- Provide a valid exit strategy (assignment, double close, or end-buyer in place).
- Replace EMD Funders' funds before the due diligence deadline by either closing the deal, exiting the deal, or obtaining a seller-approved extension.
- Maintain all insurance and obligations required under the purchase agreement.
- Promptly notify EMD Funders of any material change to the deal.
6. Intellectual Property
All content on this Site, including text, graphics, logos, layout, and code, is the property of EMD Funders, LLC and is protected under applicable copyright and trademark laws. You may not copy, reproduce, distribute, or create derivative works from any Site content without our prior written consent.
7. Prohibited Uses
- Using the Site for any unlawful purpose or in violation of any applicable law.
- Submitting false, misleading, or fraudulent information.
- Attempting to gain unauthorized access to any part of the Site or its related systems.
- Using automated systems (bots, scrapers, or crawlers) to access the Site without prior written permission.
- Disrupting, damaging, or impairing the Site's operation.
8. Disclaimer of Warranties
The Site and all services are provided "as is" and "as available" without warranties of any kind, either express or implied. EMD Funders does not warrant that the Site will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the fullest extent permitted by law, EMD Funders, its officers, directors, members, managers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or our services, including but not limited to lost profits, loss of opportunity, data loss, or reliance on information provided on the Site. Our maximum aggregate liability for any claim arising from or related to these Terms or our services shall not exceed the total fees you have paid to EMD Funders for the specific transaction at issue.
10. Indemnification
You agree to indemnify, defend, and hold harmless EMD Funders and its affiliates from any claims, liabilities, damages, or expenses arising from your use of the Site, your breach of these Terms, or your violation of any applicable law.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws principles. Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Laramie County, Wyoming.
12. Dispute Resolution
Before initiating litigation, you agree to first attempt to resolve any dispute informally by contacting legal@emdfunders.com. If the dispute is not resolved within 30 days, either party may proceed with formal legal action.
13. Privacy
Your use of the Site is also governed by our Privacy Policy.
14. Modifications
EMD Funders reserves the right to update or modify these Terms at any time. Changes are effective when posted. Continued use of the Site after any modification constitutes your acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and EMD Funders regarding your use of the Site. They supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.
17. Contact
EMD Funders, LLC
1078 Summit Ave STE 292
Jersey City, NJ 07307
legal@emdfunders.com