In Texas real estate transactions, earnest money is typically deposited before the due diligence fee. The standard NC contract also has a separate amount for earnest money which is not forfeited until due diligence closes.If the contract was contingent on loan approval, then your earnest money should be returned. Earnest money is a deposit made to a seller, often in real estate transactions, that shows the buyer's good faith in a transaction. A comprehensive guide on earnest money in Texas covering definitions; requirements and calculations; payments, disputes, and refunds; and more. While every markets is different, most real estate transactions include both an earnest money deposit and option fee. Due diligence money is a fee you pay directly to the seller when you agree to buy a home.