Civil Code Article 249June 19, 2019

Unless otherwise agreed upon by the parties, the following rules apply to the earnest money: "(1) When the contract has been performed, the earnest money shall be returned or treated as one part of the payment. "(2) If the contract cannot be performed owing to a circumstance to which the party who gave the earnest money is imputed, such party shall not claim for the return of the earnest money. "(3) If the contract cannot be performed owing to a circumstance to which the party who received the earnest money is imputed, such party shall return double amounts of earnest money. "(4) If the contract cannot be performed owing to a circumstance to which neither of the parties is imputed, the earnest money shall be returned.

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