Earnest Money Deposit Agreement and Receipt

EARNEST MONEY DEPOSIT AGREEMENT AND RECEIPT

Before you use this: Attach the signed purchase agreement. Complete its deposit amount, due date, contingencies, and refund instructions before anyone sends funds. Confirm the deposit holder's authority and any state rules for holding or releasing funds.

This agreement is made on [__/__/____] by the buyer, seller, and deposit holder identified below for the property and purchase agreement identified below.

1. Transaction and parties

Property address: [________________________________]

Purchase agreement date: [__/__/____]

Buyer: [________________________________]

Seller: [________________________________]

Deposit holder's legal name and role: [________________________________]

Deposit holder's address and contact: [________________________________]

The signed purchase agreement, including any signed amendments, is attached as Exhibit A. This document records delivery and handling of its earnest money. It does not change the purchase price, contingency deadlines, default remedies, or other sale terms unless the buyer and seller expressly sign an amendment to Exhibit A.

2. Deposit instructions

Amount due under Exhibit A: $[________________________________]

Deposit due date and time, with time zone: [________________________________]

Delivery method permitted by the deposit holder: ☐ Wire transfer ☐ Check ☐ Other: [________________________________]

Account or delivery instructions: [Provided separately by the deposit holder through a verified contact method]

The buyer shall deliver the deposit to the deposit holder by the deadline stated above. The deposit holder shall record the date and amount actually received in Section 5 and notify the buyer and seller if the deposit is late, short, rejected, or reversed. The buyer and seller shall address any resulting rights or remedies under Exhibit A.

3. Holding and disbursement

The deposit holder accepts the funds only on the terms of this document, Exhibit A, and applicable law. The deposit holder shall keep a transaction record showing receipt, any bank clearance, transfers, and the final disbursement. Any account designation, interest treatment, and handling fee shall be completed here or in Exhibit A:

Account designation, if applicable: [________________________________]

Interest and fees: [No interest / interest allocated to [________] / other terms in Exhibit A]; fees: [________________________________]

At closing, the deposit shall be credited or disbursed as directed by the signed closing statement and Exhibit A. If the transaction ends before closing, the deposit holder shall disburse the deposit under a release direction signed by both buyer and seller, a final binding order or award applicable to the holder, or another release route expressly required or permitted by applicable law and Exhibit A. A unilateral demand does not by itself authorize the holder to decide a dispute about default or entitlement to the funds.

If the buyer and seller give conflicting directions, the holder shall retain the disputed funds while seeking joint written instructions or a binding resolution, subject to any contrary duty under applicable law. The holder shall promptly tell both parties about the conflict. Nothing here waives a party's rights under Exhibit A.

4. Notices and changes

Send transaction notices to the contacts below by the method selected in Exhibit A, or if it specifies none, by [email / hand delivery / other: ________]. A change to these deposit instructions must be in writing and signed by the buyer, seller, and deposit holder. The parties shall use the law of [STATE WHERE PROPERTY IS LOCATED] for this agreement, subject to any nonwaivable law governing the holder.

5. Deposit receipt

The deposit holder completes and signs this section only after actual receipt. A check that has not cleared or a transfer that may be reversed should be identified as such.

☐ Funds received ☐ Payment instrument received, funds not yet collected

Amount received: $[________________________________]

Received from: [________________________________]

Date and time received: [________________________________]

Payment method and non-sensitive reference number: [________________________________]

Outstanding balance, if any: $[________________________________]

Holder's receipt or transaction number: [________________________________]

This receipt confirms only the amount and status stated above. It does not confirm satisfaction of every obligation in Exhibit A or determine who will ultimately receive the deposit.

6. Signatures

Buyer: [________________________________] Date: [__/__/____]

Seller: [________________________________] Date: [__/__/____]

Deposit holder, accepting these instructions and confirming Section 5 if completed: [________________________________]

Authorized signer's name and title: [________________________________] Date: [__/__/____]

Exhibit A

Attach the signed purchase agreement and any signed amendments that govern the deposit. Identify the attached documents here: [________________________________].

Source and reference

• Consumer Financial Protection Bureau, Mortgage Key Terms: Earnest Money