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If a seller changes their mind, they may use an unfulfilled contingency or cancelation clause written into the contract to back out of a contract. However, if no such legal loopholes exist and the seller cancels, you might be able to collect monetary damages from them.
Earnest money is money that the buyer gives the seller to show your good faith when making an offer to purchase the seller's property. Again, the amount of earnest money is negotiable. Most of the time the earnest money is a check written out to a listing agent or an attorneys trust account (escrow account).
You do not necessarily need to put forth earnest money for an offer, there is no law in Idaho preventing a buyer from making an offer without earnest money included.
An earnest money or "arras" is usually given by the prospective buyer to the seller. This is to show that the buyer is interested in purchasing the property. The main purpose of the earnest money is to bind the bargain. It is also considered as part of the purchase price and will be deducted from the total price.
Do I get my earnest money back if the seller defaults? Yes, unless the seller disputes your claim to the money. Earnest money is the buyer's money. Because there is no exchange of property, the escrow account holder issues a refund.
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Earnest money isn't always a requirement, but it could be a necessity if you're shopping in a competitive real estate market. Sellers tend to favor these good faith deposits because they want to ensure that the sale won't fall through. Earnest money can act as added insurance for both parties in the transaction.
But is the house really yours \u2014 or can a seller back out of a contract? The short answer is yes, a seller can cancel a contract \u2014 but only under particular circumstances. Even then, there will likely be consequences for the seller, as the laws around real estate contracts tend to favor the buyer rather than the seller.
In Idaho, a seller can get out of a real estate contract if the buyer's contingencies are not met\u2014these include financial, appraisal, inspection, insurance, or home sale contingencies agreed to in the contract. Sellers might have additional exit opportunities with unique situations also such as an estate sale.
If the seller fails to abide and tries to back out, the listing agent can take the matter to court. Even though the transaction is canceled, the seller is obligated to pay the agreed commission. Nothing serious happens.
Can a buyer back out of an accepted offer? The short answer: yes. When you sign a purchase agreement for real estate, you're legally bound to the contract terms, and you'll give the seller an upfront deposit called earnest money.

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