November 21, 2025
Buying a home in Colorado Springs comes with a new set of terms, and earnest money is one you will hear right away. It can feel like a big commitment to move thousands of dollars right after your offer is accepted. The good news is this deposit is designed to protect both sides and is typically credited to you at closing. In this guide, you will learn how earnest money works in El Paso County, how much to offer, how to keep it protected, and when it could be at risk. Let’s dive in.
Earnest money is a good faith deposit that shows a seller you are serious. It is not an extra fee. If the sale closes, your deposit is credited toward your purchase price or closing costs. If you cancel within your contract contingencies and deadlines, it is typically refundable.
In Colorado, most buyers rely on contract contingencies and timelines to protect their deposit. Some offers may also include separate nonrefundable deposits, but those are negotiable and must be spelled out in the contract.
How much you offer can vary by price point and market conditions. Local practice in Colorado Springs often looks like this:
Timing matters. Contracts here usually require you to deliver the deposit within 24 to 72 hours after mutual acceptance. Your exact deadline will be written in your contract, so plan to move funds quickly.
Your contract will name who holds the funds. In Colorado, it is common for a title company or an escrow agent to hold the money. A listing broker or buyer’s broker can also hold it in a brokerage trust account.
Brokers and title companies must follow Colorado Division of Real Estate rules for trust accounts and records. Always ask for a written receipt once your deposit is received, and keep your own confirmation for your files.
Your contract includes deadlines and protections that control if and when your earnest money is refundable. Common examples include:
If you terminate within an applicable contingency and follow the notice procedure and deadline, your deposit is typically refunded.
Your earnest money can be at risk if you miss a deadline or try to cancel after contingencies have expired. In that case, the seller may be entitled to keep the deposit as liquidated damages or pursue other remedies, depending on the contract.
Most title companies and brokers require written instructions from both parties to release funds. If you and the seller disagree, the contract’s dispute steps may include mediation, an interpleader, or court action. Keep clear records of notices and deadlines to support your position.
If the sale closes, the deposit appears as a credit on your closing statement. It reduces the cash you need to bring for your down payment or closing costs. If the sale cancels properly under a contingency, your deposit is returned and no credit is applied since there is no closing.
Cash buyers sometimes raise the deposit and shorten timelines to strengthen an offer. If you waive contingencies, you take on more risk and should expect the deposit to be at greater risk if you later try to cancel.
When you expect an appraisal shortfall, you may use an appraisal gap clause or raise your deposit to signal commitment. Whether extra funds are refundable depends on the exact language in your contract. Make the terms clear and in writing.
Some buyers increase the deposit after a satisfactory inspection to show continued good faith. Your agent should document if the added funds are refundable or nonrefundable, and under what conditions.
Nonrefundable money is a negotiated term and should be explicit. If the contract does not clearly state nonrefundable terms, the default refund rules in the contingencies usually apply.
Use this quick plan to protect your deposit and stay competitive:
You deserve a clear plan for your earnest money and a smooth path to closing. Our team helps you size your deposit for today’s Colorado Springs market, structure the right protections, and deliver on time. If you are relocating, buying your first home, or moving within El Paso County, let us guide you from offer to keys.
Have questions about your next step or want a tailored deposit strategy for a specific home? Connect with Scott Coddington for local, client‑first guidance.
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