In Illinois, earnest money typically:
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Must equal 10% of the purchase price
Illinois does not require earnest money to equal a specific percentage of the purchase price. The amount is negotiable between buyer and seller and typically ranges from 1-5% of the purchase price.
Is held by the listing broker
Listing brokers generally do not hold earnest money in Illinois to avoid potential conflicts of interest. A neutral third party is required to properly safeguard these funds.
Is held by a closing agent or attorney
Is returned at closing
Earnest money is not automatically returned at closing. It is generally applied to the buyer's down payment or closing costs unless the contract specifies otherwise or the transaction fails due to contingencies.
Why is this correct?
In Illinois, earnest money is held by a closing agent, escrow company, or attorney to ensure neutrality and proper handling. This third-party protection prevents conflicts of interest and ensures funds are disbursed according to contract terms.
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