OPTION MONEY and EARNEST MONEY

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OPTION MONEY and EARNEST MONEY

1st slide

Option money is the consideration paid for the purpose of holding one to his promise to buy or sell a
determinate thing for a certain period of time, which consideration is separate and distinct from the
purchase price. The offeror cannot withdraw the offer until after the expiration of the option.

Earnest money is the money given as part of the purchase price and as a proof of the perfection of the
contract. It is also called “arras” or something of value to show that the buyer was really in earnest and
given to the seller to bind the bargain.

2nd slide

OPTION MONEY VS. EARNEST MONEY

OPTION MONEY EARNEST MONEY


As to Money Given Money given as distinct Forms part of the purchase
consideration for an option price.
contract.
As to Perfection Applies to a sale not yet Given only when there is
perfected. already a sale.
Obligation of the buyer upon Prospective buyer is not When given, the buyer is bound
payment of consideration required to buy. to pay the balance.
As to Recovery If buyer does not decide to buy, If sale did not materialize, it
it cannot be recovered. must be returned. (Villuaneva,
2014; Pineda, 2010)
As to Transfer of Ownership Ownership is reserved to the Title passes to the buyer upon
seller and is not to pass until full delivery of the thing sold.
payment.
Effect of Non-payment Specific performance. Specific performance and
rescission.

3rd slide

Example:

Aiko offered to sell her phone to Lean for P10,000, giving Lean a week to decide whether to buy
it or not. Lean accepted the offer and gave Aiko P1,000 to hold the offer for a week.
4th slide

Example:

Ashley offered to buy Nicole’s car for P750,000 to which Nicole agreed to it. To show that Ashley
is in earnest, she gave Nicole P50,000 upon the execution of the agreement which Nicole accepts.

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