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Process explainer

Earnest Money vs Down Payment

Earnest money is a promise you make when you offer. The down payment is what you pay when you close.

Earnest money is the first real money in the transaction and the one buyers understand least. It is not an extra cost, it is not the down payment, and it is refundable — right up until it is not.

At a glance

Typical earnest money
1%–3% of the purchase price
When due
Earnest money: within days of acceptance · Down payment: at closing
Refundable
Earnest money: yes, inside your contingencies
Earnest Money

A good-faith deposit submitted with your offer, held by escrow or the title company, and credited toward your costs at closing.

Down Payment

Your equity contribution at closing, applied against the purchase price and reducing the amount you borrow.

Side by side

FactorEarnest MoneyDown Payment
When it is paidDays after offer acceptanceAt closing
Who holds itEscrow or titleApplied at settlement
RefundableYes, within contingency periodsNot applicable
Credited at closingYesIt is the payment
Amount1%–3% of the price0%–20%+ of the price
PurposeShows the seller you are seriousBuilds equity, reduces the loan
Earnest money is not an extra cost. It is your down payment arriving early — unless you break the contract.

What the guidelines actually say

Plain English first, then the rule as it is published, then what it means for your file.

Earnest money must be sourced like any other asset

The lender must document the borrower's earnest money deposit, including verification that the funds came from an acceptable source and that the borrower had sufficient funds.
Fannie Mae Selling Guide, B3-4.3-09 (Earnest Money Deposit)

Write the check from the account you already disclosed. A deposit sourced from cash or an undisclosed account becomes a closing condition you will have to explain.

When Earnest Money is right

With every accepted offer. Your purchase contract sets the amount and the deadline, usually one to three business days after acceptance.

When Down Payment is right

At closing, wired in advance. Your earnest money is credited against it on the settlement statement.

How to decide

  1. 1Confirm the exact deadline in your contract — missing it can void the agreement.
  2. 2Pay from a verified account, never with cash.
  3. 3Keep your inspection, appraisal, and financing contingencies intact until you are satisfied.
  4. 4Check that the credit appears on your Closing Disclosure.
  5. 5If you must terminate, do it in writing inside a contingency window.
The bottom line

Earnest money is refundable inside your contingencies and forfeitable outside them. Never waive a contingency you do not fully understand.

Common questions

Do I lose my earnest money if the loan is denied?

Not if your financing contingency is still in effect and you notify in writing within the deadline. Once that contingency expires, the deposit is at risk.

How much earnest money should I offer?

Local custom is typically 1% to 3%. A larger deposit strengthens an offer but increases what is at stake.

Who holds the money?

A neutral escrow or title company — never the seller directly.

Verified against published lending guidelines

Every rule stated on this page is traceable to the agency handbook that governs it. Guidelines change — confirm anything time-sensitive with a licensed loan officer before acting on it.

Reviewed by Brian Mix, licensed loan officer (NMLS #111175) · Last checked July 2026.

Still deciding?

Ask RED. It can walk through your specific numbers, explain any term on this page, and point you to the guide that goes deeper — no credit pull, no sales pressure.

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