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Earnest Money Agreement Utah: Everything You Need to Know

If you`re looking to buy a house in Utah, you`re likely to come across the term „earnest money agreement.“ This agreement is a crucial aspect of the real estate buying process that not many people understand fully. In this article, we`ll explain everything you need to know about earnest money agreement Utah.

What is an Earnest Money Agreement?

An earnest money agreement is a binding contract between a buyer and seller of a property. It requires the buyer to deposit a certain amount of money, known as the earnest money, to demonstrate their commitment and show that they are serious about buying the property. The amount of earnest money varies and is usually a percentage of the purchase price, typically between 1% and 5%.

The earnest money agreement serves to protect the seller in case the buyer fails to go through with the purchase. If the buyer defaults, the seller can keep the earnest money as damages for the breach of the agreement.

How Does the Earnest Money Agreement Work?

Once the buyer and seller reach an agreement on the terms of the sale, they sign the earnest money agreement. The buyer then deposits the earnest money into an escrow account, which is held by a third-party, typically a title company or a real estate attorney. The money stays in the escrow account until the sale is closed.

The earnest money agreement contains several terms and conditions, including the timeline for closing the sale, contingencies, and the circumstances under which the earnest money can be refunded. The agreement also outlines what happens if either party defaults on the agreement.

Can You Get Your Earnest Money Back?

The earnest money agreement outlines the circumstances under which the earnest money can be refunded. These typically include:

– The seller fails to meet the agreed-upon terms of the sale

– The buyer cannot obtain financing to purchase the property

– The property fails to pass inspection

– The appraisal of the property does not match the agreed-upon purchase price

If any of these circumstances occur, the buyer can request a refund of their earnest money. However, if the buyer defaults on the agreement, they forfeit the earnest money to the seller.


An earnest money agreement is a critical component of the real estate buying process in Utah. It protects the seller from a buyer who might not be committed to purchasing the property. As a buyer, it`s essential to understand the terms and conditions outlined in the agreement. If you`re unsure about anything, it`s always best to consult with a real estate attorney or agent who can guide you through the process.