Earnest money, explained
Earnest money is the deposit that shows a seller you're serious. At closing it counts toward what you pay.
Updated · 2-min read
What it is
Earnest money is a deposit you make with your offer to show you're serious. A party named in the contract (often a title or escrow company, an attorney or a broker) holds it, and at closing it counts toward what you pay. Known1
When you get it back
Your deposit shows good faith: it's usually returned if you cancel for a reason the contract allows and can be lost if you don't follow it. Rule2
Whether you get it back if the deal falls through depends on your contract and its contingencies. Rule1
Sending it safely
- Ask who holds your deposit and how they accept it.
- Send it by your contract's deadline.
- Keep the receipt. Rule2
Before you send money, call the company at a phone number you already have and confirm the account name and number. Never use payment instructions, phone numbers or links from an email: scammers copy real ones. Sent money to the wrong place? Call your bank right away to ask for a recall, and report it at ic3.gov. Known3,4
In your state
- Texas: Due within 3 days after the effective date, extended past weekends and Texas holidays; the option fee also goes to the escrow agent within 3 days.
- California: Due within 3 business days after acceptance, usually by wire.
- Illinois: The first deposit is due within the business days your contract states; a second often follows attorney review.
- New York: Paid when you sign the contract (commonly 10%) and held in the seller's attorney's escrow account. Rule5,6,7,8
When to call a professional
Your agent or real estate attorney, before you cancel. Contingencies are your exits; each has a deadline, and dropping one can put your deposit at risk. Rule2
Your bank, right away, if money went to the wrong place. Sent money to the wrong place? Call your bank right away to ask for a recall, and report it at ic3.gov. Known3,4
ic3.gov (opens in a new tab)Sources
- North Carolina Real Estate Commission: Earnest Money Deposits (brochure) · retrieved 2026-10-09 (opens in a new tab)
- CFPB: Mortgages key terms (earnest money) · retrieved 2026-10-09 (via search excerpt) (opens in a new tab)
- CFPB: Mortgage closing scams, how to protect yourself and your closing funds · 2019-06-03, archived page modified 2026-06-25; retrieved 2026-10-09 (opens in a new tab)
- CFPB: Your mortgage closing checklist · retrieved 2026-10-09 (opens in a new tab)
- TREC One to Four Family Residential Contract (Resale), TREC No. 20-19 · 05-04-2026, mandatory 2026-07-01 (opens in a new tab)
- C.A.R. RPA defaults: 17-day contingencies, deposit in 3 business days (secondary: Greiner Law) · 2025 guide (opens in a new tab)
- Multi-Board Residential Real Estate Contract 8.0 · 8.0 (2025) (opens in a new tab)
- NYC contract deposit practice (custom, not law) · 2023-10-02 (opens in a new tab)