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Washington's earnest money requirements state:

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Question & Answer

Review the question and all answer choices

A

No deposit required

While no state law requires a buyer to make an earnest money deposit as a matter of contract validity (a contract can be formed without consideration beyond the mutual promises), Washington's standard practice and NWMLS forms do establish clear timing requirements once the parties have agreed to include an earnest money deposit in their transaction.

B

Must be deposited within 3 business days of mutual acceptance

Correct Answer
C

Must be held by seller

Earnest money in Washington is held by a neutral third party — typically the selling broker's trust account or an escrow/title company — not by the seller, because holding funds in trust protects both parties and ensures the money is available for proper disbursement at closing or in the event of a dispute.

D

No time requirements

Stating there are 'no time requirements' is incorrect and dangerous advice for a licensee to follow, as the three-business-day requirement is a well-established standard in Washington real estate practice that, if violated, can expose a buyer's broker to liability and create grounds for the seller to declare the buyer in default.

Why is this correct?

Under Washington State law and the standard practices established by the Northwest Multiple Listing Service (NWMLS) and Washington REALTORS® standard forms, earnest money must be deposited with the designated holder (typically the selling broker or escrow company) within three business days of mutual acceptance of the purchase and sale agreement, unless the parties have explicitly agreed in writing to a different timeline. 'Mutual acceptance' in Washington is defined as the point at which the last party to sign or initial the agreement has communicated that acceptance to the other party, which is the triggering event for the three-business-day countdown.

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