Earnest money

The deposit a buyer puts down with an offer to show they're serious. It's held by a neutral third party, usually the title company. If the deal closes, it counts toward the buyer's costs. If it falls apart, who keeps it depends on why.

Also called good faith deposit, EMD · Offers & contracts · Updated September 2026

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Part 1 of 4

Why a seller cares

It is the buyer's deposit, and whether you keep it if they walk depends entirely on the contract's contingencies. Sellers often assume it is theirs the moment a buyer leaves; usually it is not.

Part 2 of 4

A simple example

A buyer offers $300,000 on your home and puts down $6,000 in earnest money, about 2% of the price, which is typical. The title company holds it. Where it ends up depends on how the deal ends.

Earnest money: a simple example
How the deal endsWhere the $6,000 goes
It closesCredited to the buyer at closing, against what they owe
They cancel in timeRefunded to the buyer, if they cancelled inside a contingency they still had: inspection, appraisal, financing
They just walkMay be forfeited to you, for a reason the contract does not allow

Three outcomes, one deposit. Which one you get is written into the contract before the buyer ever cancels.

Part 3 of 4

What people get wrong

That it is a penalty. It is a deposit with rules, and the rules are the contingencies you already agreed to.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · read against CFPB: what is earnest money? · how we research and check what we publish

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