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What happens to my earnest money deposit?

By
Real Estate Agent with Realty ONE Group Advocates 484-237-2055 PA License - AB067198

When you buy a home it is common to make a deposit with your offer. This is called an earnest money deposit and it shows the sellers you are serious about buying their home.

The amount varies by locality, in our area there are often two deposits, one with the agreement of sale, the offer, and a second after the inspection contingencies are completed. The total deposit used to amount to 10% of the purchase price, but with the rise in home prices 5% is more common nowadays.

Sometimes if a quick settlement is offered there may only be one deposit. In Pennsylvania if settlement is within 30 days the deposit needs to be made with certified funds, such as a cashiers check..

The deposits are held by the listing broker usually, when they do not hold escrow they can be held by the buyers broker or the title company handling settlement.

These deposits are held in an escrow account for safety and there are strict regulations about when and how the funds can be released.

The deposit when a sale goes to settlement is brought to settlement as part of the buyers funds, going towards their deposit or closing costs.

However, in Pennsylvania, when the funds are held by a broker and the sale falls apart the funds can only be released by mutual consent or a court order. This can hold up the release of the funds if a buyer wants to move on and purchase a different house. This limits the buyer's ability to purchase another house if the deposit is sizeable. If the buyer does not abide by the terms of the agreement of sale, then these funds may be at risk. Working with an experienced Realtor helps you to abide by the terms of the agreement and protect your deposit.

If you are interested in purchasing a home in or around the Main Line or Chester County contact Nick Vandekar, Selling the Main Line and Chester County with Realty ONE Group Advocates, office 484-237-2055, cell or text 610-203-4543, or email Nick@VandekarTeam.com to arrange a consultation to discuss your needs and how I can help you achieve your real estate goals.

Posted by

Nick Vandekar
Nick is a Tredyffrin Easttown Residential and Commercial REALTOR selling The Main Line, Chester, Delaware and Montgomery Counties.

Giving you the confidence to make
the right decisions.

225 W Uwchlan Ave
Downingtown , PA 19335
Office 484-237-2055
SellingTheMainLine.com
Mobile: (610) 203-4543 [call or text me]
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If you are buying or selling on or around
Tredyffrin Easttown or along the Main Line, 
I can help you, contact me.

Comments(14)

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Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Good morning Nick. Many real estate firms in Florida have escrow funds held by a title company to avoid any potential problems. One major national franchise with company owned offices maintains their own escrow account. Great explanation. Enjoy your day. 

Feb 14, 2025 03:52 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Nick,

Good explanation about the earnest money and where it goes. It just shows how different states practice real estate. Our Title companies are the keeper of the earnest and option money in their secure accounts. They disperse funds to the sellers and all parties at closing and collect the money from the buyer and the lender so we never touch the funds...I like it that way!

Feb 14, 2025 04:12 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

So different, Nick, from how earnest money works in the Carolinas. And as we are due diligence states, I primarily care about the due diligence fee and not very much about earnest money. Even before we were due diligence states here in the Carolinas it was rare to see earnest money at more than 1% of purchase price. I was shocked when we purchased our first home here and all we put down on a $595,000 purchase was $5,000, as in NY City the standard was 10%.

Feb 14, 2025 04:20 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Associate Real Estate Broker

In our state, funds can be released with mutual consent with signatures on a release form. If the seller balks, the property cannot go back as active until funds are returned.

Feb 14, 2025 04:27 AM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

Thanks Nick for sharing some great info on Ernest money!!!

Escrow deposits are held in an escrow account for safety and there are strict regulations about when and how the funds can be released. The deposit when a sale goes to settlement is brought to settlement as part of the buyers funds, going towards their deposit or closing costs.

Feb 14, 2025 04:47 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Nick - for buyers, especially those who haven't done it before or for a while, the withdrawals of funds never seem to stop.   While there are reasons, in reality, it's a process that continues as a property owner.  Hopefully with far more benefits along the way.  

Feb 14, 2025 05:07 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

This is a very good discussion about the earnest money deposit.  With an experienced agent like yourself representing them, there is very little chance that they lose their earnest money deposit.

Feb 14, 2025 05:52 AM
Bill Salvatore - East Valley
Arizona Elite Properties - Chandler, AZ
Realtor - 602-999-0952 / em: golfArizona@cox.net

Happy Valentines Day. Thanks for sharing, make it a great Friday and enjoy your weekend!

Bill Salvatore, Realtor- Arizona Elite Properties

Feb 14, 2025 05:54 AM
Doug Rogers
RE/MAX Coastal Properties - Destin, FL
Your Real Estate Resource!

Excellent post. And since it varies from state to state (heck even market to market within states), we should all be doing educational posts like this. 

Feb 14, 2025 06:01 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

Wayne Martin in PA most brokers have an escrow account, although we are seeing more new companies skip this. Title companies in PA are not held to the same rules as the Brokers regarding the escrow funds, so it is actually safer t have the funds held by a broker.

Dorie Dillard Austin TX title companies are subject to different rules to brokers in PA, so it is safer to have the funds held by a broker.

Nina Hollander, Broker I still do not quite understand your due diligence fees and how they work.

Ed Silva, 203-206-0754 it used to be that way here, but now a seller can not sign and yet still put the property back on the market. The funds just get stuck in escrow till they mediate or go to court. I just had this situation with a buyer client. It took a long time, but the seller eventually relented and signed the paperwork before the mediation.

Feb 14, 2025 06:34 AM
Nina Hollander, Broker

Nick Vandekar, 610-203-4543 basically, buyers "pay" the sellers a fee to take their homes of the market while doing their due diligence on the property -- inspections, title, financing, etc. The amount of the fee is negotiable as is the due diligence period. During the due diligence period a buyer can pull out for any or no reason and the seller keeps the due diligence fee as compensation for lost time on market. Earnest money is lost only when a buyer pulls out after the due diligence period has expired... then the buyer is in breach of contract. In reality, buyers who pull out will do so 99+% of the time before the due diligence period expires.

Feb 14, 2025 06:37 AM
Nick Vandekar, 610-203-4543

Nina Hollander, Broker if the buyer does not pull out during the due diligence period does the money go to settlement for the buyer or it is still kept by the seller?

Feb 14, 2025 06:52 AM
Nick Vandekar, 610-203-4543

Thank you, now I get it. I always thought it was on top and did not come back. That makes it clear.

Feb 14, 2025 06:59 AM
Nina Hollander, Broker

Nick Vandekar, 610-203-4543 the DDF is not on top of the purchase price. If buyer completes the purchase, the DDF is credited against the purchase price the way earnest money would be.

Feb 14, 2025 06:53 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

Sham Reddy CRS it is always interesting to see how things are done elsewhere.

Michael Jacobs as a homeowner there are many benefits, but also costs of ownership.

Brian England I just had a situation where a bank refused to lend and the seller refused to release the deposit. It eventually worked out for my buyer, but it took some time.

Bill Salvatore - East Valley I hope you feel the love this weekend, enjoy a sunny day.

Doug Rogers thank you, I am always interested how things are done differently elsewhere.

Feb 14, 2025 06:37 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
The best agent in Southern Utah!

Either the brokerage holds the funds or a title company here, Nick. Depends on whether it is cash or if a mortgage is required. This is so important for buyers and sellers to know and fully understand!

Hope your Valentines Day was memorable!

Feb 15, 2025 09:37 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

Wanda Kubat-Nerdin - Wanda Can! our city was celebrating the Eagles win in the Superbowl yesterday, we tried to go down but could not find anywhere to park.

Feb 15, 2025 12:03 PM
Roy Kelley
Retired - Gaithersburg, MD

This is good information to share with home buyers and home sellers.

I hope you are enjoying the weekend. We have a rainy afternoon in Maryland.

Feb 16, 2025 12:20 PM