Earnest Money Deposit Form Template for United States

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Key Requirements PROMPT example:

Earnest Money Deposit Form

"Need an Earnest Money Deposit Form for a commercial property purchase in California, with a $50,000 deposit to be held in escrow until March 15, 2025, including specific contingencies for property inspection and financing approval."

Document background
The Earnest Money Deposit Form is a essential document in U.S. real estate transactions that demonstrates a buyer's serious intent to purchase a property. When entering into a purchase agreement, buyers typically provide an earnest money deposit as a show of good faith, usually 1-3% of the purchase price. This form documents the deposit amount, terms of holding and disposition, and conditions for return or forfeiture. Used across all states while adhering to state-specific regulations, this document protects both parties' interests and forms a crucial part of the purchase agreement documentation.
Suggested Sections

1. Property Information: Details of the property being purchased, including address and legal description

2. Parties: Identification of buyer, seller, and escrow agent

3. Deposit Amount: Specific amount of earnest money being deposited

4. Payment Terms: Method and timing of earnest money payment

5. Escrow Terms: Details of how the deposit will be held and managed

Optional Sections

1. Contingencies: Conditions under which earnest money may be returned, used when specific contingencies exist

2. Dispute Resolution: Process for resolving conflicts, recommended for higher-value transactions

3. Additional Terms: Any special conditions or agreements, used when standard terms need modification

Suggested Schedules

1. Receipt Acknowledgment: Written confirmation of earnest money receipt by escrow agent

2. Property Description: Detailed legal description of the property if not included in main document

3. Bank Details: Escrow account information and wire transfer instructions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

State-Specific Real Estate Laws: Includes state-level regulations for earnest money deposits, requirements for handling and disclosure of earnest money, state-specific escrow regulations, and specific timeframes for deposit and return of funds

Federal Laws: Key federal regulations including Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), and Fair Housing Act requirements

State Contract Laws: Encompasses Statute of Frauds requirements, contract formation and enforcement rules, and remedies for breach of contract

Banking Regulations: Covers requirements for handling deposit funds, escrow account regulations, and financial institution requirements

State Real Estate Commission Rules: Includes requirements for real estate professionals, specific forms or disclosures required, and handling of earnest money disputes

Consumer Protection Laws: Encompasses state-specific consumer protection regulations, disclosure requirements, and cooling-off periods where applicable

Local Ordinances: Covers municipal requirements affecting real estate transactions and local escrow requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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