Earnest money in Connecticut must be:
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Held by seller
Allowing the seller to hold earnest money directly would create an unacceptable conflict of interest, as the seller has a financial incentive to claim the deposit even in situations where the buyer is legally entitled to a refund. Connecticut law does not permit the seller to hold earnest money, as this would undermine the neutral, protective purpose of the escrow arrangement.
Deposited in escrow per contract terms
Given to buyer
Giving the earnest money directly to the buyer defeats the entire purpose of the deposit, which is to demonstrate the buyer's financial commitment to the transaction and provide the seller with security against buyer default. A buyer who retains the deposit has made no meaningful financial commitment to the transaction.
No requirements
Stating that there are 'no requirements' is factually incorrect and would expose Connecticut licensees to serious regulatory liability. Connecticut's real estate regulations and professional standards clearly govern earnest money handling, and ignoring these requirements is a common basis for disciplinary complaints against brokers.
Why is this correct?
Connecticut General Statutes and the Connecticut Real Estate Commission's regulations require that earnest money deposits be handled in strict accordance with the terms of the purchase and sale agreement, which universally specifies escrow as the holding mechanism. The escrow arrangement ensures that the funds are held by a disinterested third party β typically the listing broker, an attorney, or a title company β until closing, cancellation, or dispute resolution. Brokers who fail to deposit earnest money as required by the contract terms face disciplinary action by the Connecticut Department of Consumer Protection, including potential license revocation.
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