If a buyer wants to create a contract clause that allows the return of earnest money upon demand, what should the broker advise?

The most suitable approach in this scenario involves both parties seeking legal counsel. This is essential since drafting contract clauses can have significant legal implications for both the buyer and seller. A lawyer can ensure that the language used correctly reflects the intentions of both parties and complies with the applicable laws and regulations.

Moreover, having legal professionals review the clause can help prevent future disputes regarding the interpretation of the clause and the conditions under which earnest money can be returned. This step not only protects the interests of the buyer but also ensures the seller's rights are considered, facilitating a more equitable agreement.

While it might be tempting to have one party draft the clause themselves or for the broker to prepare it, these approaches lack the necessary legal insights that a qualified attorney can provide. Thus, involving legal counsel represents the best practice in protecting all parties involved in the transaction.