Earnest Money in Las Vegas: How Your Deposit Works (2026)

Earnest money is the good-faith deposit you put down when a seller accepts your offer on a Las Vegas or Henderson home. On the standard Las Vegas REALTORS® purchase agreement, it's due within one business day after acceptance unless you write in a different number, it's held by escrow or a broker's trust account, and it counts toward your purchase price at closing (Residential Purchase Agreement, Rev. 10/25). Whether you get it back if the deal falls apart depends on your contingencies and your deadlines.

Why your earnest money matters

• It shows the seller you're serious. It's money on the line, and sellers compare it when they weigh offers.
• It's protected while it's held. Nevada requires brokers to keep deposits in a separate trust account at a bank or credit union in Nevada and never mix them with their own money (NRS 645.310).
• It's refundable in the right situations. If you cancel in writing under a contingency before its deadline, the contract entitles you to a whole refund (RPA, Sections 3, 8, 11 and 18).
• It's at risk if you miss a deadline or default. If a buyer defaults, the contract lets the seller keep the deposit as liquidated damages (RPA, Section 19).

I'm Andrew Guiant, a REALTOR® with Simply Vegas. I walk every buyer through the deposit, the deadlines that protect it, and how to wire it safely before we write an offer.

By Andrew Guiant, REALTOR®, Nevada License S.0183462, Simply Vegas · Updated October 27, 2026 · About a 7-minute read

Getting ready to make an offer? Call or text me at 702-496-8216 and I'll help you set a deposit and deadlines that protect you.

What Is Earnest Money?

Earnest money, called the "EMD" (earnest money deposit) in Las Vegas contracts, is the deposit you make after your offer is accepted. It's not an extra fee. On the purchase agreement, your EMD is listed first in the financial terms, followed by any additional deposit, your loan amount and the balance of your down payment. Together those add up to the total purchase price (RPA, Section 1). So the deposit goes toward your home when you close.

When Is Earnest Money Due in Las Vegas?

Here's how the timing works on the standard form:

• Escrow opens by the end of one business day after acceptance (RPA, Section 6A).
• The EMD is deposited within one business day after acceptance, or within the number of business days you write in (RPA, Section 1A).
• "Acceptance" is the date both sides have signed the final agreement and all counteroffers, and those documents have been delivered to both parties (RPA, Section 24).
• A "business day" excludes Saturdays, Sundays and legal holidays (RPA, Section 24).

Nevada's regulations back this up on the agent side. A licensee who receives your deposit must hand it to their broker, or to the escrow company named in the contract, within one business day after receiving the fully signed contract (NAC 645.657).

My tip: have your funds ready before you write the offer. If your bank needs extra time to send a wire, we can write in more business days.

Where Does My Earnest Money Go?

The contract gives three choices, and you check one (RPA, Section 1A):

1. The escrow holder (the title or escrow company handling your closing)
2. The buyer's broker's trust account
3. The seller's broker's trust account

If a broker holds it, Nevada law requires the broker to put it promptly into a separate trust account at a bank or credit union in Nevada, keep records of every deposit and withdrawal, and never commingle it with business or personal money. The broker is personally responsible for that deposit (NRS 645.310). If an agent or anyone associated with them has an interest in the escrow company, they have to tell all parties before depositing money there (NAC 645.660).

How Much Earnest Money Should I Put Down?

Nevada law doesn't set an amount, and the standard form leaves it blank. It's part of your offer, and it's negotiable. When I help buyers pick a number, we look at:

• How competitive the home is. If it's fresh on the market or has other offers, a stronger deposit can help your offer stand out.
• Your contingencies. The protections you keep (due diligence, appraisal, loan) shape how much risk the deposit really carries.
• Your cash plan. The deposit comes out of your down payment and closing funds, so it has to fit your budget and your lender's requirements.
• An additional deposit. You can add a second deposit by a set date, and you decide whether it counts as part of the EMD (RPA, Section 1B). That matters, because the default section treats the two differently.

I'll pull what similar accepted offers looked like for the homes you're considering, so your number is based on the market you're actually buying in.

When Do You Get Your Earnest Money Back?

The standard Las Vegas contract builds in several ways to cancel and get a whole refund of your EMD, as long as you cancel in writing before the deadline:

• Due diligence. If your inspections or research turn up something unacceptable, you can cancel by the due diligence deadline (RPA, Section 8B). I cover this step by step in my guide to the due diligence period in Nevada.
• Appraisal. If the home appraises below the price, you can renegotiate or cancel by the appraisal deadline (RPA, Section 3B). Here's how home appraisals work in Las Vegas.
• Loan. If you can't get the loan in the contract, you can cancel by the loan contingency deadline (RPA, Section 3C).
• HOA documents. If the home is in an HOA, you can cancel until midnight of the 5th calendar day after you receive the resale package. If you don't receive it within 15 calendar days of acceptance, you can also cancel (RPA, Section 11; NRS 116.4109).
• Title problems. If the seller can't fix your written objections to the preliminary title report in time, you can terminate and get the EMD back (RPA, Section 9C).
• Missing seller disclosure. If the seller never serves the required Seller's Real Property Disclosure, Nevada law lets you rescind any time before closing without penalty (NRS 113.150).

The catch: each contingency is deemed waived if you don't cancel or resolve it in writing by its deadline. Once a deadline passes, that protection is gone (RPA, Sections 3B, 3C and 8C).

When Can You Lose Your Earnest Money?

Under the standard contract, if the buyer defaults, the seller's sole legal remedy is to keep the EMD as liquidated damages. Both sides agree in advance that the deposit is a reasonable estimate of the seller's damages. Any additional deposit you marked as not part of the EMD is released back to you (RPA, Section 19C).

Ways buyers can put their deposit (or the deal) at risk: - Letting a contingency deadline pass without canceling or resolving objections in writing - Backing out after contingencies are waived, for a reason the contract doesn't cover - Not delivering a required item on time. If your loan application and preapproval letter are late, the seller can terminate; the form returns your EMD in that case, but you lose the home (RPA, Section 3A). Late proof of funds on a cash offer also lets the seller terminate (RPA, Section 3D)

If the seller defaults, you keep all your legal and equitable rights, including asking a court to make the seller complete the sale (specific performance), and you may seek your actual damages (RPA, Section 19B).

What if there's a dispute?

Before anyone goes to court, the standard form requires mediation, and the mediation fees are split equally (RPA, Section 19A). Escrow won't simply hand the deposit to one side. Nevada law says each party must sign the documents needed to release escrow money, and a party can refuse only if there's a good-faith dispute. If someone refuses for 30 days after the escrow holder's written request with no good-faith dispute, the other side can sue for damages set by the statute, plus the money and a reasonable attorney's fee (NRS 645A.175).

How to Wire Earnest Money Safely

Wire fraud targets home buyers at exactly this moment. The National Association of REALTORS® recommends (NAR consumer guide):

1. Get wiring instructions in person if you can. Otherwise, confirm them by phone using a number you already trust, not one from an email.
2. Be suspicious of last-minute changes. Title companies don't suddenly switch accounts by email.
3. Call before and after you wire to confirm the instructions and that the money arrived.
4. Act fast if something's wrong. Call your bank to try to stop the transfer, and report it to the FBI's Internet Crime Complaint Center at ic3.gov.

I'll give you the escrow officer's verified phone number at the start, and I'll never send you wiring instructions myself.

Earnest Money on New Construction

Builders use their own purchase contracts, and their deposit terms can be very different from the standard resale form. Read the builder's deposit, refund and cancellation terms before you sign, and see my guide on how to buy new construction in Henderson and Las Vegas.

FAQ: Earnest Money in Las Vegas

How soon is earnest money due after my offer is accepted?

On the standard Las Vegas REALTORS® form, within one business day after acceptance, unless you write in a different number of business days (RPA, Section 1A).

Who holds my earnest money?

The escrow holder, the buyer's broker's trust account or the seller's broker's trust account, whichever box is checked. Brokers must keep it in a separate Nevada trust account (NRS 645.310).

Is earnest money refundable in Nevada?

Yes, if you cancel in writing under a contingency, such as due diligence, appraisal, loan or the HOA resale package, before its deadline. After a deadline passes, that contingency is deemed waived.

Is there a standard earnest money amount in Las Vegas?

No. Nevada law doesn't set one, and the form leaves it blank. It's negotiated as part of your offer.

Does earnest money count toward my down payment?

Yes. It's part of the financial terms that add up to your purchase price, so it's credited to you at closing (RPA, Section 1).

What happens to my deposit if the seller backs out?

If the seller defaults, you keep your legal rights, including specific performance, and you may seek actual damages (RPA, Section 19B).

Watch: Buying in Las Vegas Right Now

▶ The hidden gold in this market · What today's market means for buyers	▶ 10 "best" homes for $500K · What $500K buys in Las Vegas
▶ Cadence single-story tour · A like-new 2023 build in Cadence 89011	▶ How much home can you afford? · Daily mortgage rate check

More videos: see them all on my YouTube channel.

Ready to Write a Strong Offer?

I'll help you set a deposit and deadlines that make your offer competitive without putting your money at needless risk. New to the process? Start with my guide to buyer brokerage agreements in Nevada and who pays real estate commission in Las Vegas. Moving from out of state? Use my out-of-state moving checklist.

Looking right now? Ask me about my listings at 222 Karen Ave #601 in Turnberry Towers and 1285 Raritan Pl, a 3-bedroom, 2-bath Henderson townhome built in 2019.

Andrew Guiant, REALTOR® | Simply Vegas
📞 702-496-8216
✉️ andrewguiant@gmail.com
🏠 Search homes: www.andrewsellsvegas.com
▶️ Home tours: YouTube @andrewsellsvegas

Talk to Andrew about making an offer

This guide is general information, not legal advice. Your signed contract controls, and for legal questions talk to a Nevada real estate attorney. Information is deemed reliable but not guaranteed. Andrew Guiant, REALTOR®, Simply Vegas, NV license S.0183462.

Sources

• Las Vegas REALTORS® (GLVAR) Residential Purchase Agreement, Rev. 10/25 (Sections 1, 3, 6, 8, 9, 11, 18, 19, 24): https://lasvegasagentformula.com/wp-content/uploads/2026/07/10-2025-LVR-Residential-Purchase-Agreement-2.pdf
• NRS 645.310 (deposits and trust accounts): https://www.leg.state.nv.us/nrs/NRS-645.html
• NAC 645.657 and 645.660 (paying over deposits; escrow interests): https://www.leg.state.nv.us/nac/nac-645.html
• NRS 645A.175 (releasing money deposited in escrow): https://www.leg.state.nv.us/nrs/NRS-645A.html
• NRS 113.150 (remedies when the seller disclosure isn't served): https://www.leg.state.nv.us/nrs/NRS-113.html
• NRS 116.4109 (HOA resale package and 5-day cancellation): https://www.leg.state.nv.us/nrs/NRS-116.html
• NAR, Consumer Guide: How to Protect Against Real Estate Wire Fraud: https://www.nar.realtor/the-facts/consumer-guide-how-to-protect-against-real-estate-wire-fraud
• FBI Internet Crime Complaint Center: https://www.ic3.gov
• Andrew Guiant, Cadence home tour: https://www.youtube.com/watch?v=5POvgXUn_K0
• All checked October 27, 2026.