Glossary

Earnest-money deposit

Introduction to Earnest-Money Deposit

What Is an Earnest-Money Deposit?

An earnest-money deposit is a sum a buyer pays after a seller accepts their offer, held by a neutral third party (often an escrow agent, title company or broker). It shows the buyer’s serious intent and locks the seller into removing the property from the market until closing.

Why It’s Called “Earnest” Money

The term “earnest” dates back to old English law, meaning a pledge or token of good faith. In real estate, it signals commitment: the buyer is “earnest” about purchasing.

Purpose of an Earnest-Money Deposit in Real Estate

How It Protects Buyer and Seller

Earnest money safeguards both sides:

Demonstrating Good Faith and Commitment

A sizable deposit boosts seller confidence in competitive markets. It shows you’re serious and can help your offer stand out.

Typical Earnest-Money Deposit Amounts

Standard Percentage of the Purchase Price

Deposits usually range from 1% to 10% of the home price. For example, on a $400,000 home, 1% equals $4,000; in high-demand areas, 3% on a $2.1 million home is $63,000.

Factors That Influence Deposit Size (Market, Competition, Property Type)

Amount depends on:

How and When to Pay Your Earnest-Money Deposit

Payment Methods: Escrow Account, Title Company or Broker

You typically submit funds by wire transfer or check to an escrow account managed by your title company or real estate broker.

Timing, Deadlines and Contract Milestones

Contracts specify how soon (often 1–3 business days after offer acceptance) you must deposit funds. Missing deadlines can void your offer or breach the contract.

Earnest-Money Deposit Refunds and Forfeitures

Common Contract Contingencies That Protect Your Deposit

Contingencies allow refund if you back out for reasons like:

Scenarios in Which You Might Forfeit the Deposit

After your contingency window closes, earnest money typically becomes non-refundable. If you cancel without a contractual reason, the seller can keep your deposit as liquidated damages.

Earnest-Money vs. Other Upfront Payments

Earnest-Money vs. Down Payment: Key Differences

Option Fees, Escrow Deposits and Other Pre-Closing Funds

Other upfront funds include option fees (to secure a short inspection window) and separate escrow deposits. Unlike earnest money, option fees are non-refundable by design.

Frequently Asked Questions About Earnest-Money Deposit

How Much Earnest Money on a $300,000 Home?

Typically 1%–3% ($3,000–$9,000), adjusted for local market conditions and seller expectations.

Can I Get My Deposit Back After a Bad Inspection?

Yes, if your contract includes an inspection contingency and you cancel within that period.

What If the Seller Accepts Another Offer?

If the seller breaches by accepting another offer, you can demand your earnest money back and may have legal remedies.

Who Actually Holds My Earnest Money?

Usually an escrow agent at a title company, real estate broker or specialized escrow firm.

What Is the Deadline for the Seller to Return or Keep It?

The contract will specify deadlines for seller actions. Often, earnest money is released at closing; if forfeited, it’s disbursed shortly after contract termination.

Do I Lose My Deposit if My Loan Falls Through?

If you have a financing contingency and you genuinely cannot secure a loan, you may cancel and recover your deposit.

How Do I Show Proof That I’ve Paid the Deposit?

Your escrow agent provides a receipt or confirmation of deposit, which you keep as documentation.

Real World Application

Fictional Scenario: The Smiths’ Home-Buying Journey

The Smiths offered $450,000 on their first home with a 2% earnest deposit ($9,000) wired to escrow within 24 hours. They included inspection, appraisal and financing contingencies. After their inspection uncovered foundation cracks, they exercised their inspection contingency, canceled the contract and recovered their full deposit. Later, they renegotiated repairs and closed smoothly, applying earnest money toward their down payment.

Key Takeaways for Your Own Earnest-Money Deposit Decisions

Michael McCleskey