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Do I get my earnest money back?

Help me understand earnest money. What is it? Why do I need to pay it? Does it go towards my home purchase? What if I back out, do I get that money back? Clearly I need some help in understanding how this works. Thanks.

Asked by Peter G | Phoenix, AZ| 01-20-2023| 1,829 views|Finance & Legal Info|Updated 3 years ago

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Zoltan PeresztegiReal Estate Agent3 months ago

Taking your four questions in order, and then the one that actually matters. What it is: earnest money is a deposit you put up when your offer is accepted, showing the seller you are serious enough to put money at risk. It is generally held by a neutral third party, an escrow or title company or a broker's trust account depending on your state, not by the seller. Why you pay it: because the seller is about to take their house off the market for you. They are turning away other buyers on the strength of your word. The deposit is what makes that promise cost something. Does it go toward the purchase: yes. At closing it is credited to you, applied against your down payment and closing costs. It is not an extra fee. It is your own money arriving early. Now the real question, and the one the thread skips. Do you get it back if you back out? It depends entirely on whether you have a live contingency that lets you cancel at that moment. Not on whether your reason is good. Not on whether the seller is nice about it. On whether a contract provision gives you the right. Your contract will typically include some combination of these: Inspection or due diligence contingency. You can cancel based on what the inspection finds, within a defined window. Appraisal contingency. You can cancel if the property appraises below the purchase price. Financing contingency. You can cancel if your loan is denied. Home sale contingency, if you have one, letting you cancel if your current home does not sell. Cancel while one of those is alive, following the notice procedure in the contract, and you generally get your deposit back. Cancel after they have all expired, or for a reason none of them covers, and the deposit is generally at risk. Which leads to the single most important practical point: these are deadlines, and they are unforgiving. The most common way buyers lose earnest money is not a dramatic change of heart. It is letting a contingency period lapse because nobody was tracking the date, and then discovering a problem the following week. Put every contingency deadline in your calendar the day you go into contract, and confirm with your agent in writing when each one is removed. Two more things nobody mentioned. The seller cannot simply take it. Money held in escrow or trust generally cannot be released without both parties agreeing in writing or a court ordering it. So if you cancel and the seller disputes it, you are not automatically out. You are in a disagreement, and it stays put until it is resolved. Procedures vary by state. If neither side will budge, the holder can eventually file an interpleader, meaning they hand the money to a court and let the two of you argue about who gets it. That is slow and it costs both sides, which is precisely why most deposit disputes settle. Knowing that is useful leverage. One more term to look for: some contracts include a liquidated damages provision, which caps what the seller can recover to the deposit amount. That is generally protective of you, because without it a seller could in principle pursue actual damages beyond the deposit. Whether your contract has one, and what formalities it requires, varies by state, so ask your agent to point to it specifically. Last practical note. The amount is negotiable, and a larger deposit makes your offer stronger in a competitive situation because it signals commitment. That is a real strategic lever, but only offer more than you can afford to have tied up, and only alongside contingencies you understand. I am a real estate professional, not an attorney. If a deposit dispute actually arises, that is the moment to call a local real estate attorney rather than negotiating it yourself. My name is Zoltan Peresztegi and I work in Los Angeles, the South Bay and on the Palos Verdes Peninsula. If you are in my area I am glad to walk you through your specific contract, and if you are elsewhere, message me and I will connect you with a strong buyer's agent who will track those deadlines for you rather than leaving it to you. Zoltan

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Juan PicosReal Estate Agent4 months ago

Earnest money is a **good-faith deposit** you make when submitting an offer on a home. It shows the seller you're serious about purchasing the property. The money is typically held in an escrow account until closing. If the sale closes, your earnest money is usually **credited toward your down payment or closing costs**, so it's not an extra fee. Whether you get your earnest money back if you cancel the contract depends on the terms of your purchase agreement. If you back out for a reason covered by a contingency—such as financing, appraisal, or inspection—you can often receive your deposit back. However, if you cancel without a valid contractual reason after those contingencies have expired, you may forfeit your earnest money. Before submitting an offer, ask your Realtor to explain the contingencies and deadlines so you understand exactly when your deposit is protected. **Juan Picos** REALTOR® | JohnHart Real Estate Serving Burbank, Glendale & Greater Los Angeles

Keith Jean PierreReal Estate Agent5 months ago

Earnest money is usually credited to you at closing. If the deal falls through, your contract should outline what happens to the funds. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Gloria MitchellReal Estate Agent3 years ago
Semi-Pro42 Answers

That depends on the terms of the agreement you made with the seller and the conditions of the contract. If the contract specifies that the earnest money will be refunded in certain circumstances, such as if the home inspection reveals significant issues, then you should be able to get it back. If the contract does not specify this, or if the home inspection does not reveal any issues, then you may not be able to get the earnest money back. You should consult an attorney to understand your rights.

Glenda X BozettReal Estate Agent3 years ago
Semi-Pro47 Answers

This ( deposit / earnest money ) holds the home for you during escrow. This goes towards your purchase.

Curt StinsonReal Estate Agent3 years ago
Novice1 Answer

This holds the home for you during escrow. This goes towards your purchase. Please reach out to me for more questions

Lisa And Greg HarrisReal Estate Agent3 years ago

This is a great question. A local REALTOR that walks you through the home buying and selling process can answer the specifics of how that contract works concerning earnest money for your area as this differs by the contract and the area. But to answer in general, EArnest money tells a seller you are serious, willing, and able to buy a home. It does go towards the purchase as long as you move toward a successful closing to purchase. It is like a deposit to show your commitment as a buyer to purchase that home. There are details within a contract that you can get earnest money back if you go through due diligence and are unable to come to an agreement on repairs for an example. But to go into more specifics of getting earnest money back look to your contract and your local REALTOR to explain the details of the local contract. Hire a LOCAL REALTOR to give you the best guidance to know how this work for your locally! There are over 70 people that touch a transaction and it is 70 + opportunities to have something go wrong. So this is what your REALTOR can help you navigate! They do this everyday!

Mike SmalleganReal Estate Agent3 years ago
Rising Star13 Answers

Earnest money is a deposit made by a potential homebuyer to show that they are serious about purchasing a property. The deposit is typically held in escrow by a neutral third party, such as a title company or an attorney, until the sale is complete. The amount of earnest money can vary, but it is typically a percentage of the purchase price. It is not uncommon for the earnest money deposit to be 1-3% of the purchase price. The earnest money deposit is usually applied towards the down payment and closing costs on the home. In most cases, if a buyer backs out of a purchase contract for a valid reason, such as the home failing a home inspection, the earnest money deposit is returned to the buyer. However, if the buyer backs out of the contract for no valid reason, the seller may have the right to keep the earnest money deposit. It is important to read and understand the terms of the purchase contract before making an earnest money deposit, and to consult with a real estate attorney or agent if you have any questions.

Fatumo SidowReal Estate Agent3 years ago
Novice1 Answer

Hello Peter G. Earnest money is a deposit made to a Real Estate Seller at the time of the offer. The purpose of the deposit is to show the Buyer is serious about purchasing the Sellers property and will not be a waste of time. The money does result going towards the Buyers down payment. Earnest money is refundable. You can write in the offer contract that you would like to be refunded the earnest money before certain deadline. for example a Home Inspection Contingency. You can state when the home goes through an inspections, and you are not satisfied with the issues found with the house, you have the right to back out of the contract and get your earnest money back. Or another example; if your choice to purchase the property depends on whether you can receive a mortgage commitment. you can add in your contract a Mortgage Contingency. If you wait until the closing day to back out of the contract. The seller will be keeping your earnest money due to liquidated damages.

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