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Token amount vs Earnest money

A token amount is a small, informal payment to show intent and hold a property while terms are agreed. Earnest money is a larger advance paid under a written agreement to sell, usually forfeitable if the buyer defaults. A booking amount is the term builders use for the first payment on a new flat.

Side by side

FactorToken amountEarnest money
StageBefore the agreement to sellWith the agreement to sell
SizeSmall, negotiatedLarger, negotiated
PaperworkOften only a receiptWritten into the agreement
Refund if the deal failsAs the receipt says; often disputedAs the agreement says
If the buyer backs outUsually forfeited, if the receipt says soCan be forfeited if the agreement provides
If the seller backs outRefund, plus any compensation agreedRefund and remedies under the agreement
Payment modeBank transfer or cheque, with a receiptBank transfer or cheque

When Token amount matters

Pay a token only after seeing the title documents, and get a signed receipt stating the price, the property and the refund terms.

When Earnest money matters

Earnest money should be paid only with a signed agreement to sell that sets the timeline and what happens if either side fails.

In more detail

Courts have held that genuine earnest money can be forfeited when the buyer defaults, if the contract says so. A very large sum labelled earnest money can be challenged as a penalty.

For new flats in RERA-registered projects, the builder cannot take more than 10% of the cost as an advance or application fee before a registered agreement for sale.

In bank auctions, the earnest money deposit (EMD) is a refundable deposit to take part in the auction; it is forfeited only on the terms of the sale notice.

Common questions

Is a token amount refundable?

Only as the receipt or agreement says. Put the refund terms in writing before you pay.

How much earnest money is normal?

There is no rule outside RERA projects; it is negotiated. For RERA projects, no more than 10% before a registered agreement for sale.

Should I pay a token in cash?

No. Pay by bank transfer or cheque so there is a record, and get a signed receipt.

Sources

  • Indian Contract Act, 1872, section 74
  • Real Estate (Regulation and Development) Act, 2016, section 13

A plain-language summary, not legal or tax advice. Rules set by states differ and change; check the current position for your property.

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