05/23/2026
One of the questions I hear most often from first time buyers before they make an offer is this one.
If the deal falls through, do I lose my earnest money?
The honest answer is it depends. And understanding when you are protected and when you are not is one of the most important things you can know before you sign anything.
First, what is earnest money? It is a deposit you make when your offer is accepted, typically one to three percent of the purchase price, that goes into escrow and signals to the seller that you are serious. On a $650,000 home in Temecula that is $6,500 to $19,500.
Here is when you are fully protected and can get it back. If you have an inspection contingency and the inspection reveals something material that you and the seller cannot resolve, you can exit the contract and get your full deposit back. If you have a financing contingency and your loan is legitimately denied, you can exit and get your deposit back. If the home does not appraise and you have an appraisal contingency and cannot bridge the gap, you can exit and get your deposit back.
Here is when you are at risk of losing it. If you remove your contingencies and then walk away for a reason not protected by any remaining contingency, the seller may have a legitimate claim to your deposit. Removing contingencies is sometimes the right strategic move in a competitive offer situation. But you should never do it without fully understanding exactly what protection you are giving up.
My rule is simple. No buyer of mine ever removes a contingency without knowing precisely what they are giving up and what still protects them. That conversation happens before every offer goes in.
DM me before your next offer and I will walk you through your complete protection.
Rory Ellis
Prosper Real Estate
DRE 01884546