Before I answer this question, let's quickly review what the earnest money deposit actually is. When you put in an offer on a property in Silver Spring, MD and beyond you will have to provide details about your earnest money deposit - on the very first page of the Residential Contract of Sale. The earnest money is expressing your commitment to the seller and is a show of good faith. It communicates that you are ready and able (in combination with a loan pre-approval) to buy and are also willing to accept some risk.

Although there is no law telling you how high your earnest money should be, there are customs & expectations. In Silver Spring, MD and beyond, 1% of the sales price is a good rule of thumb to go by. Keep in mind, however, that a competitive market may call for more. In that case, a higher earnest money deposit can give you the edge. Rounding down a bit can also be acceptable in a slower market, when there is no competition from other buyers that is. What I not suggest doing is to low-ball it. All a $1,000 deposit on a 500K house will communicate to a seller is that you don't really care about the house and may not be very serious about buying and, perhaps, bail when you get the chance. Losing 1K is a lot less painful than losing 5 or 10K after all. 

It's important to point out that you are not actually giving the seller your earnest money when the offer is submitted - your cash does not end up in the seller's house, nor the listing agent's pocket, it actually stays in your bank account for the time being. What you do submit is a copy of a check or proof of funds if you intend to wire the money. Only when the seller and you have come to an agreement and the contract has been ratified will you hand over the check (or initiate the bank transfer). Depending on the terms of the contract, your earnest money will either be held in a a non-interest bearing (typically) escrow account by your buyer's broker or the title company (that you choose). In Silver Spring, MD and beyond the check must be collected within 3 days if held by the broker and put into escrow within 7 days. 
Back to the original FAQ: will I get my earnest money deposit back if my offer is not accepted? 
As long as you are in the offering stage - including negotiations back and forth - your money is still in your bank account. You may have already handed over the check but your buyer's agent/broker is holding on to it. Therefore, should you not come to a mutually acceptable agreement with the seller, you will not make a deposit, and your check will be returned to you or you can shred it - unless of course, you decide to quickly submit an offer on a different home. 
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Could your deposit be at risk and could you actually lose it? That is a different question and one that I have answered previously. 

When you submit an offer on a home in the Silver Spring, MD area it is customary to include a copy of your earnest money deposit check. Just a copy .. your REALTOR® will hold on to the check until you either have a ratified contract or continue looking for your new home.

If the latter is the case, the check will be returned to you promptly. If your negotiations are successful and the Residential Contract of Sale is ratified, your earnest money deposit has to be put into an escrow account within 7 business days of ratification.

More often than not, it's the escrow account of the Real Estate Company your buyer's agent is affiliated with. Sometimes the listing agent requests for it to be put into their broker's escrow account or for it to be held at the title company.

In any case the earnest money deposit will show up as a credit to you on the settlement closing costs sheet. Thus, your cash needed to close will be reduced by the amount of your earnest money deposit.

As a side note, your lender will request a copy of your cancelled check to include in the loan package.

What happens if you never make it to the closing table?

If the contract falls apart then both sides have to sign a release form. Your agent's broker, or listing agent's broker, cannot release the deposit without it.

Should you and the seller not come to an agreement after a home inspection repair request was submitted, or there are appraisal issues or you exercised your right to declare the contract null and void after reviewing (and not agreeing with) the condo or HOA documents, then signing the release form is usually a smooth process (there are always exception to the rules).

However, if you are found (or thought to be) in default of the contract, then it can get more complicated. The seller could claim part or all of your deposit to cover his damages. A signed release agreement in this case would also release you from further liability. If either party refuses to sign and decides to litigate, then the escrow account holder would pay the entire deposit into the court.

Silver Spring, MD Home Buyer FAQ: What happens to my earnest money deposit?

A: There is no set rule or requirement, the amount of your earnest money deposit typically depends on several factors: what is customary, the buyers finances and what are the market conditions. 

In the Silver Spring, MD area a customary earnest money deposit is about 1%+ of the sales price. A low earnest money deposit can considerably weaken an offer since it doesn't show the seller that the buyer will have any skin in the game.

Just think about it, how serious will the seller think you are if you are making a $100 deposit on a $400,000 house? Yes, I almost had this happen once .. 

It's important to note that the amount of the deposit is written into the Maryland Residential Contract of Sale and only a copy of the check is submitted with the offer.

After contract ratification the check must be deposited into escrow within 7 business days. Silver Spring, MD home buyers will see their earnest deposit as a credit on the settlement sheet.

How much of an earnest money deposit you should make also depends on market conditions however. In a competitive market where buyers far outnumber sellers, a higher earnest money deposit can considerably strengthen your offer and give you a leg up over the competition.

In the Silver Spring, MD seller's market we are currently experiencing buyers got to put their best foot forward when making an offer - a higher than customary earnest money deposit can help you do just that.

Silver Spring, MD Home Buying FAQ: How much should my earnest money deposit be?