agency

earnest money

Earnest money is a deposit made by a buyer with an offer or purchase agreement to show good faith and serious intent to complete the sale. It is usually held in a broker's trust or escrow account, or by a title company or attorney, and is credited toward the buyer's costs at closing. If the buyer defaults without a valid contingency, the seller may keep it, often as liquidated damages. Earnest money is not legally required for a valid contract.

Exam tip
Consideration, not earnest money, is what makes a contract valid. Deposits must go into a trust account promptly; mixing them with personal funds is commingling.
Example
A buyer offers $400,000 with a $10,000 earnest money check, which the listing broker deposits into the trust account within the required time.

1. On the buyer's side of the closing statement, the earnest money deposit and the new mortgage loan are both:

Answer & explanation

Answer: A. Earnest money and loan proceeds are sources of funds that reduce what the buyer must bring, so they are buyer credits.

Related terms & state variants

Sources

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Last verified: 2026-10-23