Jolene, here is the exact line to look at, which will end the confusion faster than any explanation: on your Closing Disclosure, go to page 3, Section L, "Paid Already by or on Behalf of Borrower at Closing." There is a line labeled Deposit. Your earnest money is on that line, and it is subtracted from what you owe at the table. That is the answer to all three of your questions at once, so let me connect them. You do not get the money back as a check, and you did not lose it. It is applied. It sits in escrow from the day you deliver it until closing, and at closing it comes off your side of the ledger as a credit, reducing the cash you have to bring. So if you owe $15,000 to close and you put down $5,000 in earnest money, you wire $10,000. You "got it back" in the sense that it went to work for you. It is just that it never came back to your hands to do it. Whether it goes to your closing costs or your down payment is a distinction without a difference. It is a credit against everything you owe. Some people find it easier to think of it as the first installment of your down payment, which is usually accurate. So your realtor is probably right and probably said it in a way that sounded like a refund was coming. That is the most common miscommunication in this whole business, and you are far from the first person to sit at a closing table expecting a check. Where it is not applied, and this is the part worth knowing: If you close, it is credited to you. If you cancel within a contingency that is still in effect, you normally get it returned, as an actual check or wire, some days after both parties sign a release. If you default outside your contingencies, the seller may be entitled to keep it, and in many contracts that is capped as liquidated damages, meaning the deposit is the seller's entire remedy rather than the starting point. If the two sides disagree, the escrow holder cannot decide. They hold the money until both parties sign or a court rules. In a genuine standoff the escrow company can file what is called an interpleader, which hands the money to a court to sort out. That is rare and expensive and both sides usually settle first. What to do this week. Ask your lender or your title company for your Closing Disclosure at least three days before closing, which is when you are entitled to it, and read Section L. If your deposit is not on the Deposit line, ask why before you sign anything. That single check catches most earnest money errors, and they do happen. I am a real estate professional and not an attorney. I am Zoltan Peresztegi and I work in Los Angeles and the South Bay, so if you are anywhere near the Palos Verdes Peninsula, Torrance or San Pedro I am glad to read the Closing Disclosure with you. If you are elsewhere, tell me where and I will connect you with a good agent in my network. Zoltan


