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A failure to deposit the earnest money in the escrow account will likely constitute a breach of the purchase agreement by the buyer. Once a breach occurs, the seller may be able to force specific performance from the buyer or completely walk away from the deal.
In Florida, there is no standard percentage that a buyer must put down for escrow money. Typically, buyers should deposit as little as possible to limit their risk, while sellers should try to require a higher deposit of around 10% of the purchase price to ensure the buyer is serious.
Without a deposit being made, the Buyer has not completed their portion of the real estate contract, and thereby creates a defective or faulty contract. As the contract is considered faulty or defective then provisions in the contract are no longer binding on the Seller.
Earnest money is when you send money ahead of time to prove you're a serious buyer. It can be held either by a licensed real estate agent (the seller's or your own) or a title company....There are three different places you can send earnest money to when buying a home: Title companies. Real estate agents. The seller.
Earnest money protects the seller if the buyer backs out. It's typically around 1 \u2013 3% of the sale price and is held in an escrow account until the deal is complete.
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Typically, you pay earnest money to an escrow account or trust under a third-party like a legal firm, real estate broker or title company.
We often get this question on Florida Realtors Legal Hotline: Is earnest money required to make a contract legal and binding? The short answer: no. Deposits often provide evidence of a buyer's commitment to the purchase, but they're not required by law.
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.
\u201cEarnest money is usually due within three days of a signed and accepted offer,\u201d the American family insurance blog says.

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