Answers / Real Estate
HOME BUYING

What is earnest money and can I get it back?

SHORT ANSWER

Earnest money is a deposit (commonly 1–3% of the price) showing a home seller you're serious. Whether you get it back if the deal dies depends almost entirely on the contingencies written into your purchase contract.

Earnest money sits in escrow and is credited toward your purchase at closing. The risk moment is when a deal falls apart: if you back out for a reason covered by a contingency — inspection, financing, appraisal, sale of your current home — you typically get it back. Back out for a reason that isn't covered, or miss a contingency deadline, and the seller can often keep it. That's why the contingency section and its deadlines are the most important part of the offer you sign, and why waiving contingencies to compete puts real money at risk.

What to do, in order

  1. Before signing, list every contingency and its exact deadline — inspection, financing, appraisal, title.
  2. Calendar those deadlines; contingencies usually expire automatically, not gently.
  3. If you need to exit, exit in writing under a specific contingency, before its deadline.
  4. Never release earnest money to the seller early unless you understand you may not get it back.
  5. If a refund is disputed, both parties usually must sign a release — document why your exit fit a contingency.

Common questions

The appraisal came in low — do I lose my earnest money if I walk?

Not if you have an appraisal contingency and act within its window. Without one, a low appraisal isn't automatically a way out.

The seller backed out — do I get more than my earnest money back?

You get the earnest money, and depending on the contract and state you may have further remedies, sometimes including specific performance. The contract's remedies section controls.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.