The "book definition" of earnest money is: "a sum of money given to bind an agreement, such as the sale of real estate, the advance of a loan or some other transaction requiring a deposit. Earnest money is forfeited by the donor if he or she fails to carry out the terms of the contract or agreement."
In other words, earnest money is money applied "up front" from a buyer to show a seller the buyer is serious about the purchase. The money is deposited in an escrowi account and held by the escrow company. Usually (but not always) the earnest money is applied toward the buyer's down payment.
We are frequently asked, "How much earnest money do I need?". This is a difficult question to answer. Earnest money is not required, though the vast majority of sellers expect it, and an offer without any earnest money attached will usually be rejected.
There is no "standard amount" for earnest money. The bottom line is the amount required is whatever it takes to convince the seller you're serious about making the purchase. That can be anything... a "typical" suggested amount is 1% of the purchase price, but this varies greatly.
Earnest money is released to the seller if the buyer defaults on the contract after it's accepted. If the contract fails due to no fault of the buyer, then earnest money is typically returned in full to the buyer.
Earnest money, like virtually any part of a real estate transaction, is a negotiable item.

Sometimes earnest monies
Sometimes earnest monies can be returned to the potential buyer if contingencies are built into the contract. For example, a mortgage contingency. If the mortgage is not obtained, and the buyer serves notice timely, then the earnest monies are returned. Of course, the contract needs to contain the appropriate language to accomplish this.
What happens if the
What happens if the potential buyer doesn't make a reasonable effort to obtain a loan. There is a lot of gray area in here and if the seller refuses to sign the release of the escrowed funds a potential lawsuit can emerge.
So earnest money equals
So earnest money equals deposit. What happens when a deposit is handed over, but the buyer pulls out because the sale is not quite as described? I have recently spoke to someone who has lost their 'earnest money' due to the purchase not being as described. There was no intermediry involved with this. In general, is there usually a middle person involved in order to hold the funds whilst the transaction completes, ie - escrowi?
Andy
Can any amount be used for
Can any amount be used for earnest money? I heard that one dollar is only required to make things legal.
Really good explanation.
Really good explanation. You made it very easy to understand.
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