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Earnest money · 7 statesEarnest money deposit deadlines by state: when the deposit must be in escrow

How fast earnest money must be deposited depends on the state and the contract: in Texas the buyer delivers it to the escrow agent within 3 days after the effective date (TREC 20-19 ¶5A); a Florida broker deposits it by the end of the 3rd business day; North Carolina allows 3 banking days; Virginia 5 business banking days after ratification; Washington the next banking day unless the contract defers it. California and Arizona require the agent to hand funds to the broker immediately or promptly.

State by state

  1. Texas – contract (TREC 20-19 ¶5A)

    The buyer delivers earnest money and the option fee to the escrow agent within 3 days after the effective date; a deadline on a Saturday, Sunday or legal holiday moves to the next day that is not.

  2. Florida – 3 business days (61J2-14.008)

    A broker holding the deposit places it in escrow by the end of the 3rd business day after receipt. If a title company or attorney holds it, the buyer's broker requests written verification within 10 business days after each deposit is due.

  3. North Carolina – 3 banking days (21 NCAC 58A .0116)

    Trust money is deposited within 3 banking days of receipt; earnest money paid other than in cash within 3 days after acceptance of the offer. A broker may move it to the closing attorney no more than 10 days before settlement.

  4. Virginia – 5 business banking days (§54.1-2108.2)

    Earnest money held by the firm goes into escrow by the end of the 5th business banking day after ratification; money for an outside escrow agent is delivered by the end of the 5th business banking day after receipt.

  5. Washington – next banking day (RCW 18.85.285(7))

    Brokers deposit all funds into the firm's trust account the next banking day after receipt, unless the purchase and sale agreement provides for deferred deposit or delivery.

  6. California – immediately to the broker (B&P §10145)

    A salesperson immediately delivers trust funds to the broker, or as the broker directs to the principal, a neutral escrow or the broker's trust account; the broker deposits funds not placed in escrow into a trust account.

  7. Arizona – promptly (A.R.S. §32-2151.01)

    Licensees promptly place all payments with the designated broker, and the contract or receipt must state the type of earnest money – cash, check, promissory note or other item of value.

When the deal falls apart

  • Virginia: the broker holds the funds until written agreement, court order or interpleader, or releases them under the clear terms of the contract – optionally after a notice giving 15 calendar days to protest.
  • North Carolina: in a dispute the broker keeps the deposit until a written release or court order, or deposits it with the Clerk of Superior Court.
  • Florida: the broker notifies the Commission within 15 business days of conflicting demands and starts a settlement procedure within 30 business days.

What the TC tracks

  • The deposit deadline from the contract and the state rule, counted the right way – calendar, business or banking days.
  • The escrow receipt uploaded to the deal.
  • Additional earnest money and its own due date.
  • Any verification request the state requires, as in Florida.

Questions about earnest money deadlines

How many days does a Texas buyer have to deliver earnest money?

Within 3 days after the effective date under the TREC One to Four Family contract (¶5A); a deadline on a weekend or legal holiday moves to the next business day.

When must a Florida broker deposit earnest money?

By the end of the 3rd business day after receiving it (Fla. Admin. Code 61J2-14.008).

What is the earnest money deadline in North Carolina?

Within 3 banking days of receipt; for earnest money not paid in cash, within 3 days after acceptance of the offer (21 NCAC 58A .0116).

When must earnest money be deposited in Virginia?

By the end of the 5th business banking day after ratification when the firm holds it (Code of Virginia §54.1-2108.2).

When must a Washington broker deposit earnest money?

The next banking day after receipt, unless the purchase and sale agreement provides for deferred deposit or delivery (RCW 18.85.285(7)).

Related guides

Put the earnest money deadline on the deal as a task with an owner and due date in ClosingCode – it recomputes when the effective date changes – and keep the escrow receipt with the documents.

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Sources: TREC 20-19 ¶5A; Fla. Admin. Code 61J2-14.008 and 61J2-10.032; Cal. Bus. & Prof. Code §10145; 21 NCAC 58A .0116; Code of Virginia §54.1-2108.2 and 18VAC135-20-181; RCW 18.85.285; A.R.S. §32-2151.01 – read at the official sources, October 24, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.