What is earnest money, exactly?
Earnest money is a good-faith deposit a buyer makes with their offer to show the seller they’re serious about following through on the purchase. In Portland it typically runs about 1% of the purchase price — a $500,000 home comes with $5,000 earnest money, a $650,000 home with $6,500, a $1,100,000 home with $11,000. On a competitive listing, buyers often increase that to 2% or 3% to make their offer stand out when the seller is reading multiple offers side by side.
The amount is a lever, not a tax. On a soft Portland listing with time on market, 1% is usually enough. On a hot block of Alameda, Laurelhurst, or West Linn under $800K where a listing attracts five offers in a weekend, 2% to 3% signals seriousness in a way the dollar-match on list price alone can’t.
Where does earnest money actually sit?
Earnest money is held in escrow by a neutral title and escrow company. Not by your agent, not by the seller, not by the brokerage. The escrow company issues a written receipt and holds the funds in a protected escrow account until one of two things happens: the transaction closes (and the earnest money is credited to your side of the settlement) or the agreement is cancelled with written instructions on who the money is released to.
That neutral third-party structure is your protection. It’s also why wiring earnest money directly to the escrow company requires an extra layer of verification — more on wire fraud below.
When do you get your earnest money back?
You get your earnest money back if you cancel the purchase within one of the contingencies written into your contract. The three most common contingencies in Portland purchase agreements:
- Inspection contingency — if the home inspection surfaces defects you can’t live with and the seller won’t negotiate repairs or credits.
- Financing contingency — if your lender ultimately declines the loan or can’t fund on time.
- Appraisal contingency — if the home appraises below the purchase price and you can’t renegotiate the number with the seller.
You also get earnest money back if the seller breaches the agreement — fails to deliver clear title, won’t make agreed repairs, or walks away themselves. Oregon-standard contracts require written notice to cancel; verbal doesn’t count. Document every contingency decision in writing.
When could you actually lose your earnest money?
You could lose your earnest money if you back out for a reason your contract doesn’t cover. The three most common ways buyers lose earnest money:
- Walking away after a contingency expires. Each contingency has a window — commonly 10 to 15 days for inspection, 21 to 30 for financing. Once the window closes without you cancelling under it, that protection is gone.
- Missing a contractual deadline. Earnest money deposit timing, document delivery timing, inspection scheduling — each is written into the contract. Missing one can put you in breach.
- Breaching the agreement. “I changed my mind” is not a protected reason. Neither is “I found a better house.” If you cancel for a reason that isn’t in the contract, the seller can claim the earnest money.
If buyer and seller disagree about who gets the earnest money, Oregon-standard contracts push the dispute to mediation and then arbitration — not a judge. Know that going in. The best protection is to not create the dispute in the first place: understand every contingency and every deadline before you sign.
When is earnest money due in a Portland transaction?
Earnest money is typically due within a few days of mutual acceptance — the day both buyer and seller have signed the purchase agreement. Standard Portland contracts specify 2 to 3 business days. Check your exact contract.
On the day of mutual acceptance, your agent and the escrow officer will confirm where the funds go (which escrow company, which account) and how to deliver them (wire transfer in most cases). Treat this timeline seriously — missing the earnest money delivery deadline is one of the easier ways to put a purchase at risk.
Wire fraud protection: verify instructions by phone
Wire fraud is a real and growing risk in real estate transactions. Scammers intercept email communication between the buyer, agent, and escrow company and send fake wiring instructions that look authentic. Buyers who follow the fake instructions wire their earnest money to a scammer’s account and often have no recovery.
The rule: always confirm wiring instructions directly with your escrow or title company by phone. Call a number you looked up independently — not the number in the email with the wiring instructions. If anything about the instructions changes at the last minute, treat it as a red flag and call again. Never wire earnest money based on instructions received only by email without verbal confirmation.
The FBI and the National Association of Realtors have published alerts on this specific scam. The verification call takes two minutes and is the single most effective step a Portland buyer can take to protect their earnest money.

