I would be curious as to the reasoning behind this. There isn't a non-refundable EMD in Kansas if you walk away from you offer during the 10 day inspection period or the 5 day resolution period. A realtor has nothing to gain from the EMD, as the buyer has the option of keeping the earnest money depending on when you back out of a fully-executed contract. It's not uncommon to have additional EMD made during a new home construction project. This protects the builder from a buyer creating a very custom home and then walking away from it with, creating a home hard for a builder to sell because of the customizations. If you still have additional questions and are in the Kansas City metro area I would love to help you out.