Texas Promulgated Contracts Practice Test 2025 – Your All-in-One Guide to Exam Success!

Question: 1 / 400

What are the implications of an earnest money deposit being forfeited?

The buyer has won the property for free

The seller keeps the deposit due to buyer's default

The implications of an earnest money deposit being forfeited are significant, particularly in the context of real estate transactions. When a buyer defaults on the contract, and the earnest money is forfeited, it typically means that the seller retains the deposit as compensation for the buyer's failure to follow through with the agreement. This forfeiture serves to protect the seller’s interests and offers a form of recourse for the seller as they may have incurred costs or lost other potential buyers during the negotiation process.

In this scenario, the earnest money deposit acts not only as a demonstration of the buyer's commitment to the deal but also as a financial assurance for the seller. When the buyer breaches the contract terms, the loss of the earnest money is often specified in the contract as a consequence of default, thereby allowing the seller to keep the deposit. This helps to offset potential damages or inconvenience caused by the buyer's failure to close the transaction.

This understanding highlights the seriousness of making an earnest money deposit and emphasizes the importance of adhering to the contractual agreement.

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The transaction is canceled without penalties

The deposit is returned to the buyer

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