Buying

Earnest money in Omaha: how much, who holds it, and when you could lose it

The deposit that shows a seller you're serious. Here's how it works in a Nebraska purchase agreement.

Hope McClurkin
Hope McClurkin, REALTOR® Berkshire Hathaway HomeServices Ambassador Real Estate · Omaha native
Current as of Nov. 3, 2026 Rates, fees, laws, and program details in this article are current as of November 3, 2026 and can change. Confirm with a lender, attorney, the county, or the program before you make a decision. This is general information, not financial, legal, or tax advice.
The short answer

Earnest money is a good-faith deposit you put down after your offer is accepted. In Omaha, it's usually about 1% of the price, though it's negotiable. It's usually held by the title company or the listing brokerage's trust account, and it goes toward your down payment and closing costs at closing. You can usually get it back if you cancel within a contingency, such as inspection or financing, on time.

How it works

1
Your offer is accepted

The purchase agreement says how much earnest money and when it's due, usually within a few days.

2
You deliver the deposit

To the title company or the brokerage holding it in trust.

3
Contingency period

Inspection, appraisal, and financing deadlines. Cancel within one and you usually get the money back.

4
Closing

The deposit is credited toward your down payment and closing costs.

Common outcomes

You close
Credited to you

It reduces what you bring to closing.

You cancel on time
Usually refunded

Within a contingency, following the contract.

You walk away late
You may lose it

Missing a deadline or backing out without a contract reason can forfeit it to the seller.

Watch for wire fraud

Scammers send fake emails with new wire instructions right before closing. Always call the title company at a number you already have to confirm instructions before you wire anything.

Questions I get asked

Is earnest money the same as a down payment?

No, but it counts toward it. At closing, your earnest money is credited toward your down payment and closing costs.

When could I lose my earnest money?

If you back out for a reason the contract doesn't allow, or miss a deadline. Read your contingency dates carefully.

Does more earnest money make my offer stronger?

It can, especially in a multiple-offer situation. It shows the seller you're committed. Only offer what you could afford to lose if something went wrong.

How do I pay it?

Usually by wire, cashier's check, or personal check, depending on who holds it. Always confirm wire instructions by phone before you send money.

Keep reading
Winning a multiple-offer situation
Read the article →
How long does it take to close in Omaha?
Read the article →
Closing costs in Nebraska
Read the article →
Hope McClurkin
Buyers

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