Earnest money in Mississippi must be:

Holding earnest money directly by the seller creates significant risk for the buyer. The seller could potentially commingle these funds or use them for other purposes, violating Mississippi real estate regulations that require proper handling of buyer deposits.

Giving earnest money to the buyer makes no logical sense as it would defeat the purpose of demonstrating the buyer's commitment to the transaction. The buyer is the one providing the earnest money, not receiving it.

Mississippi does have specific requirements for earnest money handling. The state mandates that earnest money be placed in escrow to protect both parties involved in the transaction.