Receipt for the buyer's earnest money deposit and due diligence fee. Contract between the buyer and the seller that establishes the terms of the sale.The fee is meant to incentivize the seller to complete the due diligence process and provide evidence that the buyer is serious about buying the property. If the Greens decide to terminate the contract, they will be entitled to a refund of the earnest money but not the due diligence fee. true. While due diligence money is nonrefundable, earnest money is refundable but only if the buyer decides not to buy the home. Earnest money is used to demonstrate "good faith" to a seller and demonstrate a buyer's willingness to complete the purchase. The broker highly suggested that we make the earnest money non refundable at some point in the process, or waive the financing contingency. This is where it's important to understand the difference between due diligence and earnest money. The standard NC contract also has a separate amount for earnest money which is not forfeited until due diligence closes.