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[Music] hi Im Annie Fitzsimmons Im your Washington Realtors Legal Hotline lawyer and today were once again docHubing into the mailbag to bring you todays question and answer and heres the question buyer has made an offer with a very large non-refundable earnest money the earnest money is in excess of five percent of the purchase price if buyer fails to close the transaction will seller be allowed to keep that entire earnest money and the answer is if nothing else happens and the buyer has simply presented this offer on the statewide forms purchase and sale agreements and seller accepts the offer as is the answer is no seller will not be allowed to keep more than five percent of the purchase price now sometimes brokers will say well what if we call it earnest money or what if we call it something else the it doesnt matter okay the the court will look at the totality of the money that the buyer is forfeiting because thats whats happening buyer is forfeiting money to seller as a pe
