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What is Earnest Money?

Earnest money is a deposit a buyer delivers — typically to the title company or escrow holder — shortly after a contract is signed, demonstrating commitment and giving the seller a defined remedy if the buyer defaults outside the contract's contingencies. The amount is negotiated (small sums on wholesale contracts, larger percentages on conventional purchases), as is everything that decides its fate: the inspection period, financing and other contingencies, and the deadlines after which the deposit is at risk. It is not a fee — in a closing that completes, earnest money is credited toward the buyer's costs.

The formula / structureNo formula — an amount and a set of contract terms: who holds it, when it's refundable, and what forfeits it.

Earnest Money: a worked example

Worked example. A wholesale contract at $82,000 carries $500 earnest money, deposited with the title company within 3 business days, with a 10-day inspection period during which the buyer may cancel and recover the deposit. After that period, walking away forfeits the $500 — a small number that disciplines a big decision, which is its purpose.

What affects Earnest Money

  • Contract contingencies and their deadlines
  • Local custom and deal type
  • Seller's leverage and property demand
  • State escrow rules for who may hold deposits

General information, not legal advice. Statutes and timelines vary by state and change — verify against current law or a local attorney before acting.

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