Legal Question in Real Estate Law in Texas
earnest money
I have been a realtor here for 34 years and I have always believed that an earnest money release could not be signed in advance. now another realtor has asked me to obtain an earnest money release from my buyer for a month in advance of the potential closing. please advise where I may go to obtain information in writing or if I have been wrong, please advise me. Thanks,
Asked on 10/31/06, 4:33 pm
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: earnest money
Why put up any earnest money at all? Signing a release in advance defeats the purpose and the contract would fail for lack of consideration.
Answered on 10/31/06, 6:31 pm