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  • Notice B - Authorization To Release Earnest Money

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NOTICE B AUTHORIZATION TO RELEASE EARNEST MONEY AGREEMENT OF MUTUAL CANCELLATION Rev. 01/2012 This Notice references that certain purchase and sale contract between ("Seller") and ("Buyer").

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Typically, you pay earnest money to an escrow account or trust under a third-party like a legal firm, real estate broker or title company. Acceptable payment methods include personal check, certified check and wire transfer. The funds remain in the trust or escrow account until closing.

Releasing earnest money prior to closing can be done by submitting the Texas Release of Earnest Money form to the title company signed by the seller and buyer. The buyer can request this form be signed if they wish to back out with cause or if the seller has defaulted on the contract.

Seller Cancels the Contract. Sometimes, the seller changes their mind and decides not to sell the property for some reason. If the seller terminates the contract, then the buyer will get the earnest money deposit returned.

If the contract has been properly executed by all parties, there is a binding contract even if the buyer has not deposited earnest money. Your clients are not allowed to walk away. Earnest money is not necessary to make a valid contract.

As soon as an agent or broker accepts an earnest money deposit on behalf of a seller, they become an escrow agent, and the money is placed in an escrow account. In most cases, when it enters into escrow, the earnest money cannot be released until both parties provide written permission.

In a hot market, the seller will sometimes ask to have the earnest money deposit released to him after the contingencies have been satisfied. The seller likes this because it means he will not have any trouble gaining possession of the deposit if the buyer defaults.

Release of Earnest Money The buyer, seller, and their agents must all sign the release before the title company will cut a check. Once the title company who is holding the earnest money has received the release, they can write a check available for pickup or mailing.

The earnest money check is made payable to the title company that will be closing the transaction, while the option money check is made out directly to the seller. Earnest money is also known by some other names in other locations: good faith deposit is one of the most common.

The Release of Earnest Money It is always a good idea for the broker to seek a written release from both parties before releasing the earnest money deposit. If both parties claim the deposit, the broker should not release the funds until the two sides have come to terms or a court order is presented.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232