@Calus Glispie it’s not a “Myth”, but I think you’re asking the wrong question and as a result getting some seriously “bad answers”.
Technically, you can offer “anything of value” as consideration to ratify your contracts.
A dollar, a promissory note (which is a glorified IOU), a promise to perform in the future, $1,000.00, $10,000.00 even a million are all considered valid forms of consideration and could be used as Earnest Money Deposits (EMDs).
...but the first two questions you need to ask (and answer) are:
A) How badly do I want this deal and, (more importantly);
B) How do I make sure I don't lose my EMD, whatever it is.
A) If you really want the deal, you need to show you’re serous, as most people have said in their responses). While a dollar can work, it usually demonstrates that you are randomly sending out hundreds of offers (usually sight unseen) and do not really care if it’s a yes or no. You’re playing the volume game. If that’s what you’re doing (and it’s working), keep doing it. But if you really want a specific deal, step it up. Offer above what would be considered “normal” to get the other sides attention! If $1,000.00 is “normal”, offer $5,000.00!
B) More important than what you offer, how do you make sure you (never) lose it. This is the part no one is talking about and they should. If I know for a fact that my EMD will NEVER be lost, then I can offer $5,000.00 to $10,000 EMD all day long, and probably beat any competitor on a close deal.
Here's how you protect your EMD...
#1 NEVER let your EMD leave "Friendly Hands". I could care less what the MLS or Seller says, I put my EMD in the hands of my Broker, or my attorney. Never in the Hands of the Title Company (They're Neutral) AND CERTAINLY NEVER in the hands of the Seller, or the Seller's Attorney our Agent (They are the Enemy). Any money you give to the Seller, or Titke Company you should consider as "lost" the second you give it to them, regardless of what the contract says. If you're ok with this, then you should stick to offereing $1.00 for your EMD;
2) Cobsider using "Promossory Notes". This will probably not work for deals in the MLS, but it works frequently for commercial, land and residential FSBOs. Promissory Notes are easier and cheaper than giving up cash. I don't advocate being dishonest, so understand that a Promissory Note is a promise to pay, but to actually get paid they'd have to take you to court. Some gurus say you'll never have to honor a Promissory Note, but that's only if you're dishonest;
3) Regardless of your form of EMD (Cash, Cashiers Check, Promissory Note, etc) make sure you have at least one good "weasel clause" in your contract that Gurantees you can legally (and ethically) can walk away. Get one in their that is good up until the minute of Settlement. If you can't, be sure to know what your deadlines are and walk (if you need to) before your EMD goes at risk. As an example I always (freaquently) use "Subject To The Approval of my Hard Money Lender". I use this even if I'm not using a Hard Money Lender for the deal. The way it's written, it's open ended and I can get him to fax me a rejection notice at the Settlement Table. If for some reason the Seller gets me to agree to modify it to say "Up until 12:30 AM on XYZ date..." then I better be prepared to lose my EMD at 12:31 AM if I don't exercise my weasel clause by 12:30 on that day and somethings goes wrong later.
Even if my EMD is in friendly hands, if I screw up and don't have a good weasel clause, eventually the Sellers can sue (and probably win) to get my EMD turned over to them.