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Earnest Money and Escrow in Florida: What Buyers Should Know

Your earnest money deposit tells the seller you are serious, and it is protected when the contract is written well. Here is how the money moves, who holds it, and how it returns to you.

By Nanci Gilbert, PA September 28, 2026
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When an offer is accepted, the next step surprises many first-time buyers: the earnest money deposit. This is the money that tells the seller you are serious, and it is also the part of the transaction that buyers often understand least. Here is what it is, where it sits, and how it stays protected.

What earnest money is for

Earnest money accompanies your offer and signals that the offer is real. At closing, it applies toward your down payment and closing costs, so it is not a fee; it is part of your purchase. The amount is negotiated, often between one and two percent of the price in many South Florida transactions, though every situation differs. Your agent will guide you on a number that strengthens your offer without overcommitting.

Where the money sits during the contract

Your deposit does not go directly to the seller. In Florida it is held in escrow by a neutral party, usually a title company, an attorney, or the broker's escrow account, until closing. Both sides can confirm the money is there, and neither side controls it alone.

When the deposit comes back to you

The contract defines when the deposit is returned. If the sale closes, the money applies to your purchase. If the sale falls apart, the outcome depends on why: contract contingencies for the inspection, the appraisal, and financing usually protect your deposit when you cancel within your rights. This is why the contingencies in your contract matter as much as the price.

What can put the deposit at risk

The situations that put earnest money at risk are usually the same everywhere: missing a deadline in the contract, cancelling without a valid contingency, or walking away after every condition has been met. Read every date in the contract, keep everything in writing, and ask questions until the timeline makes sense. A missed date is the most common way a careful buyer gets hurt.

Before you write the deposit check

Ask your agent: who holds the money, what happens if the inspection finds a problem, what happens if the appraisal comes in low, and which deadlines could cost you the deposit. Many South Florida families are selling one home while buying the next, and understanding how the deposit moves between the two closings is part of the coordination. Clarity before signing protects the money and the peace of mind.

Nanci Gilbert, PA is a South Florida realtor who guides growing families, sellers, and buyers across Miami-Dade and Broward. Questions about this topic? She answers every message within one business day.