Fact checked by Betsy Petrick
Reviewed by Lea D. Uradu
Earnest money represents a good faith deposit by a homebuyer to sign a purchase agreement letter. An earnest money deposit shows a buyer’s level of seriousness in purchasing the home from the seller.
Earnest money deposits are relatively common in competitive markets, especially when a seller has concerns that a buyer may make multiple offers on other properties.
The real estate agent places the earnest money in an escrow account and cannot release it until both parties provide written permission.
However, the real estate agent or broker may return the earnest money, depending on the circumstances, such as if the home sale falls through because of a failed home inspection or a low appraisal.
Key Takeaways
- Earnest money represents a good faith deposit made by a homebuyer, showing the buyer’s level of seriousness in purchasing the home from the seller.
- Earnest money goes into an escrow account, usually held by the real estate broker or the title company.
- If the home sale falls through because the house fails to pass a home inspection, the earnest deposit may get returned to the buyer.
- If the home sale goes through, the earnest money often gets applied to the closing costs or purchase price.
Earnest Money Deposits
Earnest money represents a deposit made by a homebuyer indicating the intent to purchase the property from the seller. If the sale goes through, the earnest money gets applied to the purchase price, down payment, or closing costs.
How Much Are Earnest Money Deposits
The rules that govern earnest money deposits in real estate transactions vary from state to state, but an earnest money deposit can range from 1% to 10% of the home’s purchase price.
For example, if you buy a $400,000 home, you may pay $4,000 to $40,000 as an earnest money deposit to show the seller you intend to buy the property.
Paying Earnest Money
Although uncommon, you may buy a home without putting down earnest money, but the seller must waive the earnest money deposit.
Potential homebuyers are discouraged from giving earnest money in cash directly to a seller for multiple reasons, such as it may prove challenging to get your money back if the deal falls through.
Instead, the real estate agent or broker acts as an escrow agent in accepting the earnest money deposit on the seller’s behalf and placing the funds in an escrow account.
Warning
Mortgage lending discrimination is illegal. If you think you’ve been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps you can take. One such step is to file a report, either to the Consumer Financial Protection Bureau or the U.S. Department of Housing and Urban Development (HUD).
The Release of Earnest Money
Although few universal rules exist for handling earnest money, the rules should be outlined in the home’s sales and purchase agreement. The agreement covers how to handle refunds and the parameters that determine whether the money gets returned.
The broker should seek a written release from both parties before releasing the earnest money deposit. If both parties claim the deposit, the broker should not release the funds until the two sides have come to terms or until a court order decides who gets the funds.
When Earnest Money Gets Returned to the Buyer
- The home appraisal value comes in lower than the purchase price agreed by the buyer, and the two parties cannot agree on a new price
- A failed home inspection, whereby significant issues arise, and the seller refuses to lower the price or make repairs
- If the buyer cannot sell their existing home
- If the buyer cannot secure a mortgage loan or financing to buy the property
When Earnest Money Gets Forfeited
- The buyer backs out of the purchase because they found another property
- The buyer agreed that the earnest money deposit was nonrefundable
- The buyer breaks a contractual agreement or deadline without a valid explanation
Important
Another reason to release earnest money is under instruction from a court order, which can occur if the deal turns contentious or unforeseen issues arise.
What Is the Difference Between Earnest Money and a Down Payment?
The down payment represents the amount a buyer puts down at the loan closing. Some mortgage lenders require a borrower to put down 10% to 20% of the purchase price as a down payment.
However, earnest money is optional and represents a deposit showing the seller the buyer plans on going through with the purchase. In return, the seller might take the property off the market.
How Much Do You Need to Pay in Earnest Money?
Although it can vary depending on how competitive the market is for a home, earnest money deposits can range from 1% to 10% of the purchase price.
Do I Get My Earnest Money Back if the Home Purchase Doesn’t Close?
If the transaction doesn’t close because the seller didn’t fulfill their obligations, the buyer can usually get the earnest money deposit returned.
However, if the transaction fails to close due to the buyer’s breach of contract, such as choosing another property and failing to go through with the purchase, the seller may not return the earnest money deposit.
The Bottom Line
Earnest money represents a deposit made by a homebuyer to show the seller they’re serious about buying the home. Earnest money deposits are not mandatory but are fairly common in competitive markets.
The real estate agent or broker who accepts the earnest money deposit on the seller’s behalf places the money in an escrow account. If the purchase goes through, the earnest money typically gets applied to the closing costs or purchase price.