Not quite clear on what your intent is here. Typically earnest money is delivered to the seller at closing, and held by the title company or a third party until then. Giving it to the seller in advance of closing could jeopardize the ability to recover it quickly should the purchase not close. In addition, even if it was given to the seller in advance of closing, it would still need to be credited to the buyer at closing. Are there Realtors involved here? Would be asking them this question AFTER explaining your goals and logic.