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hi everybody dana sparks broker of maximum on greater atlanta realtors and todays contract tip has to do with earnest money specifically the incorrect usage of the term non-refundable earnest money so lets get into it shall we first of all earnest money by definition by its label is refundable it is held by an escrow agent until uh its held by an escrow agent in trust uh and it youll also hear it referred to as escrow funds or trust money it is held by that holder in trust until that holder is directed by the parties having an interest in those funds directed by those parties in writing on a separate document telling that holder what to do or until the contract closes so forth and so on it is it is refundable depending upon the uh action so to speak of the party that placed it into the trust of the holder anyway and in the first place and that holder has a fiduciary responsibility with respect to those funds so i understand that there are times when parties want that earnest money
