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Earnest money is a payment from the potential buyer to the seller to show good faith in their intent to complete a real estate transaction. The broker's disbursement of earnest money is not the final say.Upon receipt, the title company will return the earnest money to the buyer. This video covers OREA's Mutual Release document and provides cursory commentary on the same. Video Presented by: Ricky Rathore, Bcomm. If the repairs are finished in a timely and satisfactory manner, the escrow account will release the funds. The buyer and seller, through separate counsel, have submitted competing demands for the earnest money to the escrow company. Because escrow in our market typically requires mutual agreement or a judge's order or arbitration award to release the funds, some complications can come up. The Escrow Fund and Release of Funds Therefrom. (a) From time to time the Company shall tender to the Escrow Agent for deposit in the.