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Earnest Money Forfeit Calculator
If a buyer walks outside contract contingencies, earnest money is usually forfeit to the seller. But escrow disputes, partial recovery, or state-specific rules can complicate. This calculator sizes the risk and recovery options.
Expected earnest recovery
$250
Likely loss (buyer side)
$4,750
Recovery probability %
5%
How the math works
$5K earnest money, post-contingency, buyer changed mind: recovery 5% = $250. Lost $4,750 as a penalty. Real-world: buyer typically negotiates ~$1K-$2K as goodwill; full loss rare unless contentious.
Keep earnest money low (1-2% of price) and structure contingencies to align with your real diligence window. The math says $500-$1,500 earnest is usually enough to signal intent without exposing major loss.
How to Use
- Enter earnest money amount and current contract stage.
- Identify why the buyer might walk (contingency vs not).
- See recovery likelihood.
Frequently Asked Questions
When does buyer lose earnest money?
Walking after contingencies expire without a legitimate reason. Before inspection/financing contingencies end, earnest is usually refundable. After — forfeit unless seller agrees otherwise.
What if seller walks?
Seller refund + possible damages. Earnest is buyer-protecting in most states. If seller breaches, buyer gets refund plus can sue for specific performance.
Who decides in a dispute?
Escrow company holds funds until both sides agree or court rules. Small claims for earnest disputes under $10K-$15K (state-dependent). Larger: civil court. Takes 3-12 months.
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