Can a Seller Retain the Deposit When a Buyer Breaches a Real Estate Contract?
06/06/2023
Most real estate contracts include a provision for the Buyer to pay a deposit, also called an earnest money deposit, which is a portion of the purchase price paid generally after attorney review is concluded, and held in the trust account of one of the attorneys or the title company until the time of closing or proper termination of the contract. If a Buyer fails to close on the real estate transaction without the excuse of an applicable contingency (i.e., the Buyer was denied a mortgage, there was an unsatisfactory home inspection), the Buyer may be deemed to be in breach of contract. Most Sellers are under the impression that they can automatically retain the Buyer’s deposit; unfortunately that is generally not the case.