Who negotiates the terms of the earnest money?

The terms of the earnest money are negotiated between the parties involved in a transaction, typically the buyer and the seller. This negotiation allows both parties to agree on an amount that they feel reflects the seriousness of the buyer's intent to purchase the property. Since earnest money serves as a form of good faith deposit, its amount can vary significantly depending on the specific circumstances of the transaction and what both parties deem appropriate.

While the Texas Real Estate Commission (TREC) provides guidelines and forms related to real estate transactions, it does not set specific amounts for earnest money. Instead, the flexibility in negotiation allows for amounts that can reflect various considerations, such as the market conditions, the price of the property, and the preferences of the individuals involved.

Standard amounts might be suggested as a common practice, but they are not mandated. Therefore, an amount deemed standard in certain situations does not negate the necessity for negotiation between the buyer and seller. The seller’s unilateral determination of the earnest money would undermine the collaborative nature of the purchasing process, where both parties should ideally reach an agreement that is satisfactory for each side.