If you are the buyer, I would not pay direct to the seller as I am not sure if he/she is actually the owner, if he/she is a bankrupt , is there a caveat on the property
etc..Get your lawyer in to deal with it right from the start ..lawyer should make the necessary checks before releasing your earnest deposit.

Normally if you go through an agent, the agency (not agent) will hold the money in escrow until SPA is signed..by which time all the necessary
checks would have been done by the lawyer/s..

Real case - seller already declared a bankrupt, but put her house up for sale and collected deposits from a  few buyers ..so have to sue the seller
for the return of deposits but you can imagine the hassle and stress - in the end most likely monies are non recoverable after having to spend
additional money to get lawyer' help to go after seller.