Consumer Guide: Escrow and Earnest Money

Dated: February 13 2025

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One of the essential steps between signing a contract and closing on a home is depositing money into an escrow account. At NextHome Makers City, our experienced agents in Knoxville, TN, can guide you through the process, ensuring your deposits are secure and your transaction is smooth. Here’s what homebuyers in Knoxville need to know about escrow and earnest money:


What is Escrow?

Escrow is a financial arrangement where a neutral third party—such as an attorney, title company, or escrow agent—holds funds during the homebuying process. This third party ensures that all terms of the contract are met before releasing the money to the seller. In most cases, the funds in escrow will be applied to your down payment and other closing costs once the sale is finalized. Additionally, property taxes and insurance premiums may also be paid using funds from an escrow account.


What is Earnest Money?

Earnest money, often called a “good faith deposit,” shows the seller that the buyer is serious about purchasing the property. It is typically a percentage of the home’s purchase price or a set amount agreed upon during negotiations. This deposit is securely held in an escrow account until closing or if any disputes arise.

An escrow account is usually established by your lender with a third party, such as a title company, escrow agent, or mortgage servicer. During the escrow period, neither the buyer nor the seller can access the funds. It’s crucial to note that earnest money is not the same as a down payment—it’s simply a way to show commitment to the purchase.


What Happens to Earnest Money if the Sale is Canceled?

If the seller cancels the transaction, the earnest money is returned to the buyer. Similarly, if certain contingencies in the purchase contract—like home inspection, appraisal, or financing—aren’t satisfied, the buyer typically receives a refund. However, if the buyer backs out of the sale for reasons not covered by contingencies, the seller may be entitled to keep the earnest money.

For example, the buyer may lose the deposit if they:

  • Waive contingencies without proper consideration
  • Miss agreed-upon deadlines
  • Change their mind and abandon the transaction

To avoid potential issues, work closely with your NextHome Makers City agent and a legal professional to fully understand the contract terms and protect your investment.


Is an Earnest Money Deposit Required?

Although no law requires an earnest money deposit, it is a common practice in the Knoxville real estate market, especially in competitive situations or when the buyer’s down payment is less than 20% of the purchase price. Some sellers may require it, while others may view offers with earnest money more favorably.


How Much Earnest Money Should You Offer?

Earnest money amounts can vary widely, but they typically range from 1% to 10% of the home’s purchase price. Factors influencing the amount include:

  • Market competition in Knoxville
  • The amount of your down payment
  • Whether contingencies are included in your offer
  • The seller’s preferences

In some cases, fixed earnest money amounts are used rather than percentages of the purchase price. Your NextHome Makers City agent can help you determine the right amount to strengthen your offer without overcommitting.


Are There Any Risks Involved?

While escrow accounts are generally secure, there is always a risk of fraud, especially with wire transfers. To protect yourself:

  • Always verify wire instructions directly with your bank, lender, or other trusted parties involved in person or over the phone.
  • Avoid sharing sensitive information via email.
  • Be cautious of last-minute changes in wiring instructions, as these can be red flags for scams.

Your NextHome Makers City agent is dedicated to educating clients about wire fraud scams and how to avoid them. For more information on protecting your money, visit the National Association of REALTORS® resource on wire fraud prevention.


Navigating Escrow with NextHome Makers City

Buying a home in Knoxville is an exciting journey, but it’s essential to understand the financial aspects of escrow and earnest money. At NextHome Makers City, our knowledgeable agents are here to help you every step of the way—from making a strong offer to safely handling your deposits.

Ready to start your homebuying journey in Knoxville? Contact NextHome Makers City today!

The information provided by NextHome Makers City is for general informational purposes only and should not be considered as financial, legal, or real estate advice. While we strive to ensure accuracy, market conditions, mortgage rates, and real estate trends are subject to change and may not reflect the latest data. Practices may vary based on state and local law. Consult your real estate professional and/or an attorney for details about state law where you are purchasing a home. Please visit facts.realtor for more information and resources.

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Deanna Mendenhall-Miller

Deanna graduated from the University of Tennessee, where she was a member of both the Equestrian and Horse Judging teams. Following graduation, Deanna joined a local restaurant company and worked as p....

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