Earnest money is a deposit paid—often into an escrow account—to show a good-faith intention to complete a transaction—often a transaction for the purchase of real property (real estate).

If the prospective buyer defaults and fails to complete the transaction for the purchase of the real property (fails to close) the earnest money is usually forfeited and delivered to the would-be seller under the terms of the contract or agreement for the sale of the property.

Earnest money is generally not required for a valid contract for the purchase and sale of real property, but is often included to compensate the prospective seller for time and potential missed sales opportunities while the sale was “under contract” with the prospective buyer.

Earnest money may also be referred to as earnest; bargain money; caution money; hand money; or down payment.

In Arkansas, earnest money is a deposit made by a prospective buyer to demonstrate their serious intent to purchase real estate. This deposit is typically held in an escrow account during the transaction process. While earnest money is not a legal requirement for a real estate contract to be valid in Arkansas, it is a common practice to provide assurance to the seller. If the buyer fails to fulfill their obligations under the purchase agreement and the transaction does not close, the earnest money is usually forfeited to the seller, as per the terms outlined in the contract. This forfeiture compensates the seller for the time the property was off the market and for any other potential sales opportunities that may have been missed. The specific terms regarding earnest money, including the amount, conditions for forfeiture or return, and other details, are typically negotiated between the buyer and seller and detailed in the purchase agreement. It is important for both parties to clearly understand these terms and to consult with an attorney if they have any questions regarding the contract or the earnest money provisions.