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Formation of a valid contract for the purchase and sale of real estate in Texas does NOT require a Buyer to deposit earnest money. Even if a contract expressly requires the Buyer to make the earnest money deposit within a certain time, failure to do so does NOT mean that no contract has been formed.
The earnest money is not consideration for the contract. However, if a buyer doesn't deposit the earnest money with the escrow agent within a reasonable time after contract execution, the buyer would be in default, and the seller could exercise her rights under a default provision.
A licensee is required to pay over to the responsible broker all deposits and earnest money immediately upon receipt thereof. Earnest money must be returned promptly when the purchaser is rightfully entitled to same allowing reasonable time for clearance of the earnest money check.
Earnest money refers to the deposit paid by a buyer to a seller, reflecting the good faith of a buyer in purchasing a home. The money buys more time to the buyer before closing the deal to arrange for funding and perform the hunt for names, property valuation, and inspections.
If the buyer backs out just due to a change of heart, the earnest money deposit will be transferred to the seller. Be sure to watch the expiration date on contingencies, as it can impact the return of funds.
If you find yourself asking, What if I don't have earnest money? you have options. For example, in your offer, you can request a waiver of earnest money. Have your real estate agent write up the waiver contract and submit it through normal channels.
Earnest money is always returned to the buyer if the seller terminates the deal. While the buyer and seller can negotiate the earnest money deposit, it often ranges between 1% and 2% of the home's purchase price, depending on the market.
Failing to pay a deposit on time is a fundamental breach of the Agreement of Purchase and Sale. When the buyer unilaterally decided not to abide by the terms of the Agreement by not paying the deposit, the buyer is in breach of the Agreement and that breach gives the Seller certain rights.
Earnest money isn't always a requirement, but it could be a necessity if you're shopping in a competitive real estate market. Sellers tend to favor these good faith deposits because they want to ensure that the sale won't fall through. Earnest money can act as added insurance for both parties in the transaction.
If you agree to a purchase contract in writing, then the earnest money check is usually due within three days. Your purchase contract spells out when your deposits are still refundable and when they become nonrefundable.