09/25/2026
🏠 Who Holds Your Escrow Deposit When Buying a Home?
When you make an offer on a home, an escrow deposit—often called earnest money—is typically placed with a neutral third party, such as a title company, escrow agent, or attorney, depending on the contract and state requirements.
But what happens to that money if the deal goes smoothly—or falls apart?
Your purchase contract determines how the escrow deposit is handled. If the transaction closes, the deposit is generally applied toward your closing costs or purchase funds. However, if the contract is terminated, the reason for the termination and the specific terms of the contract can determine whether the buyer receives the deposit back or whether the seller may have a claim to it.
⚠️ Important: Missing deadlines, failing to meet contractual obligations, financing issues, inspection findings, appraisal concerns, or other circumstances can affect the disposition of escrow funds. The consequences can vary significantly based on the contract and applicable Florida law.
Before making an offer, make sure you understand who holds your deposit, how much is being deposited, what deadlines apply, and what circumstances could put those funds at risk.
Understanding your escrow deposit can help you avoid expensive surprises during the home-buying process!