How does the escrow deposit work when buying a house in Florida?

Florida law does not set an earnest-money amount; the deposit is negotiated, and the Florida Realtors/Florida Bar contracts require the initial deposit within 3 days after the Effective Date if no other timing is filled in. The money is held by the escrow agent named in the contract, such as a title agency, attorney or real estate broker, and whether it comes back to you depends on the contract's contingencies and deadlines. No Florida statute sets the size of an earnest-money deposit; it is negotiated in the contract. The form contracts default to an initial deposit within 3 days and an additional deposit within 10 days of the Effective Date. Brokers must escrow deposits by the end of the third business day after receipt. Contingencies such as the inspection period and loan approval period control when the deposit is refundable. Ask a Florida real estate attorney what could put your deposit at risk before you sign.

How the Escrow Deposit Works When Buying in Florida

How much is the deposit and when is it due?

The amount is a negotiated term. The Florida Bar's buyer checklist asks what a customary deposit is under the circumstances and what situations could put it at risk, which are good questions to ask your agent or attorney before you sign.

In the 2024 form contracts, the initial deposit is made with the offer or within 3 days after the Effective Date if the blank is left empty, and an additional deposit, if any, is due within 10 days after the Effective Date if left blank. Checks are subject to collection.[1][5]

Who holds the deposit and what rules apply?

A Florida broker who receives a deposit must immediately place it in escrow with a title company, bank, credit union or savings and loan, or in the broker's own trust account. Under the Florida Real Estate Commission rule, immediately means no later than the end of the third business day after receipt, not counting weekends and legal holidays.

If the deposit goes to a title company or attorney, the buyer's broker must request written verification of receipt within 10 business days after the deposit is due, unless the escrow holder was nominated in writing by the seller or seller's agent. A title agency acting as escrow agent must place the funds in a Florida financial institution and keep separate records of receipts and disbursements.[2][3][4]

When do you get it back, and when can you lose it?

Under the AS IS form, the deposit is returned if you terminate before the inspection period ends, or if you cannot get loan approval within the Loan Approval Period and terminate on time while not in default. If the buyer defaults, the seller may keep the deposit as agreed liquidated damages.

When the parties disagree, the escrow agent may hold the funds until they agree or a court decides. A broker facing conflicting demands must promptly notify the Commission and use an escrow disbursement order, mediation, arbitration or court action, but may return the deposit to a buyer who in good faith could not satisfy the financing clause.[1][2]

Key takeaways

No Florida statute sets the size of an earnest-money deposit; it is negotiated in the contract.
The form contracts default to an initial deposit within 3 days and an additional deposit within 10 days of the Effective Date.
Brokers must escrow deposits by the end of the third business day after receipt.
Contingencies such as the inspection period and loan approval period control when the deposit is refundable.
Ask a Florida real estate attorney what could put your deposit at risk before you sign.

Sources

Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.