The Texas Earnest Money Promissory Note is a legal document commonly used in real estate transactions. It serves as an agreement between a buyer and a seller, outlining the conditions for the payment and handling of earnest money during the purchase of a property in Texas. Earnest money refers to the sum of money provided by the buyer as a sign of good faith to demonstrate their commitment to completing the transaction. This amount is typically a percentage of the purchase price and is held by a third party, often a title company or an attorney, until the closing of the sale. The Texas Earnest Money Promissory Note outlines the terms and conditions related to the earnest money, including its amount, how it will be held, and how it will be disbursed in different scenarios. It is a binding agreement, ensuring that both parties understand their obligations and responsibilities regarding the earnest money. There are several types of Texas Earnest Money Promissory Notes that may vary depending on the specific needs and circumstances of the parties involved: 1. Standard Texas Earnest Money Promissory Note: This is the most common type, used in typical real estate transactions in Texas. It includes provisions related to the payment, holding, and release of the earnest money based on the agreed-upon terms and conditions. 2. Contingency-based Texas Earnest Money Promissory Note: In some cases, the buyer may include certain contingencies in the promissory note, allowing them to potentially recover the earnest money if certain conditions are not met. For example, if the buyer is unable to secure financing or if the property inspection reveals significant issues, the earnest money may be returned to the buyer. 3. Seller-financed Texas Earnest Money Promissory Note: In cases where the seller offers financing to the buyer, the promissory note may include specific terms related to the payment and handling of the earnest money. This type of note may also outline the repayment schedule and any interest or fees associated with the financing arrangement. 4. New construction Texas Earnest Money Promissory Note: When purchasing a new construction property, the promissory note may include provisions related to the payment and handling of the earnest money during different stages of the construction process. This ensures that the earnest money is disbursed appropriately as the construction progresses or in the event of any delays or issues. It is essential for both buyers and sellers to carefully review and understand the terms and conditions of the Texas Earnest Money Promissory Note before signing to avoid any misunderstandings or disputes. It is recommended to consult with a real estate attorney or a qualified professional to ensure that the promissory note accurately reflects the intentions and protects the interests of all parties involved in the transaction.