[WSBARP] limit on Earnest Money.

[Tom Westbrook]

Hey Craig, totally spit balling here, but can’t you have a separate earnest money agreement referenced in the P&SA that provides how the parties agree to handle the earnest money irregardless of statutory or case law, etc?
Best Regards, Tom Westbrook

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Craig Gourley <craig at glgmail.com>
Sent: Monday, October 27, 2025 5:34:55 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] limit on Earnest Money.


Listmates,   I understand the Earnest Money limitations contained in RCW 64. 04.005 and that earnest money outside of the 5% is controlled by case law.  I have a very large developer that is offering my client substantially more than the 5% as Earnest money and they have offered to waive the statutory limit.  Typically I would just restructure it as an partially an option payment but the developer is pushing back.  I thought I would consult the collective before diving into case law.    Any thoughts?  Thanks!



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