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Prepared by:

DAVID J. WILLIS ATTORNEY
www.LoneStarLandLaw.com
Copyright © 2011.  All rights reserved worldwide.

EARNEST MONEY DISPUTES
IN TEXAS RESIDENTIAL TRANSACTIONS

by David J. Willis, J.D., LL.M.


Introduction

Disputes over earnest money often arise when either buyer or seller perceive the other to be “at fault” for failing to close.  The parties can become emotional and unreasonable.  In fact, however, “fault” in the subjective sense is not the issue; the disposition of earnest money is expressly governed by the terms of the TREC One to Four Family Residential Contract and its addenda.  Problems and the potential for litigation arise when an aggrieved party refuses to do what the contract says. 

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