December 4, 2025
Putting money down before you even get the keys can feel risky. If you are buying in Orland Park, understanding earnest money helps you write a stronger offer and protect your deposit at the same time. In a few minutes, you will know typical amounts, when it is due, how contingencies work, and what happens if a deal falls through. Let’s dive in.
Earnest money is a buyer deposit that accompanies an accepted offer to show good faith. If you close, it is applied to your down payment or closing funds. If you cancel under the contract’s rules, it can be refunded.
In the contract, earnest money serves as a performance signal and a form of security for the seller. The purchase agreement sets who holds the funds, the deadlines, and the rules for refund or forfeiture.
Across Chicagoland suburbs, including Orland Park, a common range is about 1% to 3% of the purchase price. Some buyers use fixed sums, often $1,000 to $5,000, especially on lower-priced homes. In multiple-offer or higher-end situations, deposits can be higher to strengthen an offer.
For quick math: on a $300,000 home, 1% is $3,000 and 2% is $6,000.
Contracts usually require you to deliver earnest money within 1 to 3 business days after acceptance or at signing. The exact timing is negotiable and must match what your offer states.
In Cook County, funds are often held by the listing brokerage, a title or escrow company, or an attorney serving as escrow agent. Many sellers prefer a title company or the listing broker. Your contract should name the escrow holder and include delivery instructions.
Illinois REALTORS purchase forms and local brokerage forms are common in Orland Park. These contain standardized language for earnest money, timelines, and contingencies. Your agent and attorney can explain any non-standard terms.
Most offers include an inspection or due-diligence period. Locally, 5 to 14 calendar days is common. If you end the contract within this period and follow the notice rules, your earnest money is typically returned in full.
A financing contingency often runs 21 to 30 days to secure lender approval. If your loan is denied and you cancel within the contingency and give proper notice, your deposit is usually refunded. When an appraisal comes in below the contract price and you cannot reach a new agreement, an appraisal contingency can allow you to end the deal and keep your deposit, if the contract provides for it.
Title contingencies let you cancel if title defects cannot be cured within the contract’s timelines. When you terminate properly, the earnest money is typically returned.
Contracts set firm dates, and many treat time as essential. Missing a deadline or failing to send required written notice can remove your protections and create default risk. Send termination notices in writing, follow the contract’s delivery rules, and keep copies.
If you cancel for a reason covered by an active contingency and you meet the notice and timing requirements, the common outcome is a full refund of your deposit.
If you back out without a contractual right, the seller may keep the earnest money as liquidated damages if the contract allows it, or may pursue other remedies. In practice, many sellers elect to keep the deposit as the primary remedy, but outcomes depend on the contract language and the situation.
If the seller cannot convey marketable title or refuses to close, you can usually recover your earnest money and may pursue other contract remedies. Some buyers seek specific performance or additional damages, depending on the agreement and advice from counsel.
When the parties disagree, escrow holders typically require a mutual written release or a court order to release the funds. Many disputes are resolved through negotiation or mediation. After a valid termination with signed releases, refunds are often processed within days to a couple of weeks, but timing varies by escrow procedures and bank clearing.
If you want to craft a competitive offer while protecting your deposit, you do not have to navigate it alone. Work with a local operator who knows Orland Park contracts, timelines, and escrow practices inside and out. Reach out to Michelle Madden to talk strategy and next steps.
Get assistance in determining the current property value, crafting a competitive offer, writing and negotiating a contract, and much more. Contact Michelle today.