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No. Earnest money is not necessary to make an otherwise accepted offer into a valid contract. Earnest money is a buyer-performance item required to be deposited after a contract is fully executed. A contract could become effective even if no earnest money is required in the agreement.
Yes! Earnest money is refundable, it just depends on the circumstances. If you tell the seller that you are backing out of the home buying process before certain deadlines, then there should be no issue refunding the earnest money to you. The same applies if you didn't break any contract rules.
What the TAR form does. The Texas REALTORS® Release of Earnest Money form allows the parties to agree to release the earnest money and to release each other, any broker, title company, or escrow agent from liability under the contract.
The buyer, seller, and their agents must all sign the release before the title company will cut a check. Once the title company who is holding the earnest money has received the release, they can write a check available for pickup or mailing. The contract governs who is entitled to the earnest money.
Release of Earnest Money The most common form used is the TAR form below. The buyer, seller, and their agents must all sign the release before the title company will cut a check. Once the title company who is holding the earnest money has received the release, they can write a check available for pickup or mailing.
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People also ask

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.
If you back out of the contract for an approved contingency, you will get your earnest money back. You can expect your earnest money back if: The home doesn't pass inspection. The home appraises below its sale price.
When the transaction is complete, the Earnest Money is credited toward the buyer's down payment. In most situations, if the seller terminates the transaction the Earnest Money is returned to the buyer. However, if it is the buyer who terminates the transaction, the Earnest Money is generally awarded to the seller.
If you can't make it to close the real estate transaction on time for any reason, you as the buyer have breached the contract and could forfeit your earnest money.
The earnest money may be held by the seller's real estate broker, but the money may also be held in escrow by a third-party title company, lawyer, or bank. The purchase and sale contract specifies where the deposit is held.

trec release of earnest money