If the contract terminates who gets to keep the earnest money?

A buyer offers an amount of money called earnest money as a good faith deposit towards purchasing a home. One party is entitled to the earnest money if the other party fails to perform a contract term without a legitimate legal excuse. The titleThe right to, and the ownership of, property. A title or deed is sometimes used as proof of ownership of land…. company holds the earnest money until closingThe process of completing a financial transaction. For mortgage loans, the process of signing mortgage documents, disbursing funds, and, if applicable, transferring ownership of the property. In some jurisdictions, closing is referred to as “escrow,” a process by which a buyer and seller deliver legal documents to a third party who completes the transaction in accordance with their instructions. See…. At closing, it’s returned to the buyer. A respectable amount is around 1% of the contract price. Greater the amount, the greater the negotiating position.

There are many convoluted circumstances determining the party receiving the earnest money if a contract unlawfully terminates. During the Option PeriodAn option period is a specified time frame in a real estate contract which allows a buyer to terminate the contract for any reason. It creates the right to terminate within the specified number of days for a specified price. Usually the first 5-10 days of the contract. During the option period, a buyer inspects the home for material defects. …, for any reason, a buyer can notify the seller and title company of termination for return of the earnest money. After that time, both buyer and seller must agree in writing who gets the earnest money or it stays at the title company. There are various legal remedies to handle disputes over earnest money when a contract terminates. The title company does not rule on what party receives the earnest money if the contract is terminated lawfully or not lawfully.  Only a judge can force the release of earnest money. 

In my opinion, not backed by fact or statistics, buyers get back the earnest money 99% of the time unless they are willing to give or share it with the Seller. Of course, this is a contract issue and every party facing unlawful contract termination should consult an Attorney. By law, a broker or agent is not qualified to give legal advice. For the buyer, there are many conditions to lawfully terminate a contract. For the seller there are few.  For the seller, an unresolved contract creates a “Cloud” on the title of the property. Title companies will not transfer title until prior disputes are resolved. A seller should release the earnest money and get the property back on the market if they still want to sell their property.