Forfeiture of earnest money depends on clear contractual terms treating the deposit as a pledge for performance and default. Forfeiture of earnest money depends on its characterization as a pledge for due performance rather than a mere part-payment; deposits given as earnest may be forfeited on purchaser default, but part-payments not intended as earnest are not forfeitable. Contractual terms must be clear and explicit to treat an advance as earnest and to permit forfeiture on default.