If you have questions about earnest money, you’re not alone. All first-time buyers (and many experienced buyers!) ask questions like:
What is earnest money?
How much do I need?
Is it required?
And what happens to my earnest money?
Don’t worry; we can answer all of these earnest money questions for you.
What is Earnest Money?
Earnest money (also known as a good faith deposit) is the money you put down when you get a home under contract to show the seller that you’re serious about seeing the deal through to closing.
Remember, if a seller accepts your offer to purchase their home, they take their listing off the market in anticipation of the transaction being completed as planned. So if you back out, the sellers are in a tough spot. Not only will they have missed out on potential buyers while the home was off the market, but they might also have future buyers question whether something might be wrong with the house to have caused the deal to fall through.
If buyers have an earnest money deposit on the line, they’re less likely to cancel on a whim.
How Much is Earnest Money?
Earnest money in California typically falls somewhere between one and three percent of the home’s purchase price. So on a $1 million home, for example, the earnest money would likely be between $10,000 and $30,000.
The exact amount usually depends on market conditions and competition for a specific home. In a seller’s market, the earnest money will probably fall closer to three percent, but for a home that’s been sitting on the market for a long time with little interest, the seller might accept earnest money toward the lower end.
Is Earnest Money Required?
Earnest money isn’t a legal requirement, but it’s a widely-accepted industry standard. So for all intents and purposes, earnest money is required if you’re going to get a seller to accept your offer.
Who Do I Pay the Earnest Money To?
You’ll pay your earnest money to the escrow company that will be handling your transaction. The escrow company is a neutral third party that keeps your money safe until it’s ready to be distributed. You should not pay your earnest money to the seller directly.
What Happens to My Earnest Money?
Assuming that everything goes according to plan, your earnest money will be applied toward closing costs to complete the transfer of the property. The escrow company will disperse the funds as needed to close the deal. But things don’t always go according to plan.
If you back out of the deal without a valid reason, the seller has the legal right to keep your earnest money to help offset the damage caused when they took their listing off the market for you. In this case, the escrow company will disperse the earnest money to the seller.
But if you have a valid reason to back out of the deal, your earnest money will likely be refunded. Generally, if a contingency is not met, you have a valid reason to cancel the contract within the contingency period and get your money back. Contingencies are simply conditions that need to be met for the deal to close. They often include conditions like:
The property needs to pass inspection to the buyer’s satisfaction, and
The home needs to appraise for an amount greater than or equal to the purchase price.
If these conditions can’t be met, you can probably get your earnest money back (assuming you completed your responsibilities timely).
Smart buyers know that they need professional representation by a licensed real estate agent when buying a home. Your agent can help you find a home, negotiate on your behalf, guide you smoothly through escrow, and offer earnest money guidance to make sure you’re protected. And since sellers pay real estate agent fees, it costs you nothing to hire an agent!
Contact Sequoia Real Estate today for a free consultation with one of our experienced buyer’s agents.