A seller can refuse to sign a release, and that refusal is enough to freeze your deposit. It is not enough to win it. The escrow agent holds the money until both sides sign, a court decides, or, where a licensed broker holds the funds, the Florida Real Estate Commission issues a disbursement order. Which path opens, and how fast, depends on who is holding the money.
The escrow agent is barred from picking a side
On the FloridaRealtors/FloridaBar AS IS Residential Contract For Sale And Purchase, form ASIS-7x Rev. 12/26, Paragraph 13 governs the escrow agent. Where conflicting demands are received, or the agent has a good faith doubt as to entitlement, the agent may keep holding the deposit until the parties agree to its disbursement or a final judgment of a court of competent jurisdiction determines their rights, or may deposit it with the clerk of the circuit court having jurisdiction of the dispute. That is the entire menu, which is why a stalemate never ends with a phone call to the title company.
Can a seller refuse to return earnest money in Florida?
Yes, and the refusal costs the seller nothing procedurally. What it does not do is change who is entitled to the money. Entitlement comes out of the contract, and in most contested deposits it turns on a written notice and a date.
Paragraph 12(a) gives the buyer an inspection period, 15 days after Effective Date if the blank is left empty, in which the buyer may terminate by delivering written notice to the seller before the period expires, and the deposit paid shall then be returned to the buyer. Paragraph 8(b)(iv) works the same way for financing: a buyer who cannot obtain loan approval in the loan approval period, after good faith and diligent effort, may terminate by written notice before it expires and is refunded the deposit, provided the buyer is not otherwise in default. Paragraph 8(b)(v) is the trap, because a buyer who delivers no notice proceeds as though the contract carried no financing contingency.
Paragraph 15(a) supplies the seller’s side: on a buyer default the seller may elect to recover and retain the deposit as agreed upon liquidated damages, or proceed in equity to enforce the contract instead. Standard F decides the close calls, using calendar days and extending any deadline that lands on a Saturday, Sunday or national legal public holiday as defined in 5 U.S.C. 6103(a) to the next day that is none of those.
Who holds the deposit decides which process you get
A broker is not required to hold escrow at all. The Florida Department of Business and Professional Regulation states that escrow or trust funds may be held by an attorney or a title company, and in Central Florida closings they usually are. Paragraph 13 draws the line in one clause: if a licensed real estate broker, the agent will comply with Chapter 475, Florida Statutes, and FREC rules to resolve escrow disputes through mediation, arbitration, interpleader or an escrow disbursement order. A title company reading the same paragraph has the hold-or-interplead options and nothing else.
| Escrow agent | Who can be asked to decide | Deadlines on the agent | Your realistic route |
|---|---|---|---|
| Licensed real estate broker | The Commission, by escrow disbursement order, plus the courts | Yes, under Rule 61J2-10.032, F.A.C. | The broker starts a settlement procedure, and you may still sue |
| Title company or closing attorney | A mediator, an arbitrator, or a court | None, the Commission has no role | Mediation under Paragraph 16, then county court |
The clocks that start when a broker holds the money
Section 475.25(1)(d)1, Florida Statutes, requires a licensee facing conflicting demands over escrowed property, or a good faith doubt about who is entitled to it, to promptly notify the Commission and promptly do one of four things: request an escrow disbursement order, submit the matter to arbitration with the consent of all parties, seek adjudication by a court by interpleader or otherwise, or submit the matter to mediation with the written consent of all parties. A licensee who does this and abides by the resulting order or judgment cannot face an administrative complaint for failing to account for the money, so expect process rather than sympathy.
Rule 61J2-10.032, F.A.C., last amended May 21, 2024, puts dates on it. Written notification to the Commission is due within 15 business days of the last party’s demand, and one of the statutory settlement procedures must be instituted within 30 business days after that demand. If the broker requests a disbursement order and is told in writing that none will be issued, another procedure must be started and reported within 30 business days of that notification.
Two situations skip all of it. Section 475.25(1)(d)1 lets a broker return the deposit to the purchaser with no notice to the Commission and no settlement procedure where a residential condominium buyer cancels as authorized by section 718.503, or where a buyer of real property in good faith fails to satisfy the terms in the financing clause. That second exception is why a financing cancellation handled correctly rarely becomes a dispute at all.
The seven-business-day letter that decides by silence
Rule 61J2-10.032(1)(c) covers the case where one side goes quiet. If a party to a failed transaction does not respond to the broker’s inquiry about whether that party is placing a demand on the funds or will release them, the broker may send a certified notice with return receipt requested, or an emailed notice, to that party’s address of record or email address of record on file with the department. The notice must state that the other party has placed a demand, must say a response is due by the seventh business day following dispatch, and must carry the broker’s mailing address, phone number and email address.
Then comes the sentence that catches people. A failure to respond within seven business days will be construed as authorization for the broker to release the funds to the other party. The clock runs from the postmark or the email send confirmation, not from the day you open it.
Mediation first, then county court, and what each costs
Paragraph 16(a) gives buyer and seller 10 days after the date conflicting demands are made to resolve the dispute themselves, failing which they submit it to mediation under Paragraph 16(b), before a mediator who is certified or has real estate industry experience. Demands made on Monday, November 2, 2026 put that deadline on Thursday, November 12, 2026, counted as calendar days under Standard F. Paragraph 17 splits any mediation fee equally and leaves each side its own costs, while in litigation the prevailing party recovers costs and reasonable attorney fees from the other. Standard U fixes venue in the county where the real property is located, so a Winter Garden or Ocoee dispute belongs in Orange County and a Clermont or Minneola dispute belongs in Lake County.
At these amounts, court is more accessible than most buyers assume. Florida Small Claims Rule 7.010(b), in the edition effective July 1, 2026, applies the small claims rules to county court actions demanding money or property not exceeding $8,000 exclusive of costs, interest and attorney fees, and Rule 7.090(f) allows mediation to take place at the pretrial conference. Section 34.041(1)(a)4 caps the county court filing fee at $295 for claims over $2,500 and not more than $15,000, and subsection (1)(b) adds $4, so filing over a contested $5,000 deposit costs $299, or 5.98 percent of the money in dispute.
The expensive path is the one where the agent goes to court instead of you. Under Paragraph 13, an agent made a party for acting as agent, or who interpleads the escrow, recovers reasonable attorney fees and costs by court order out of the escrowed funds. An interpleader over a small deposit can consume a real share of it before either side is heard.
Before you demand your deposit back
- Fix the date first. Find the inspection period or loan approval period expiration, apply Standard F if it lands on a weekend or holiday, and check whether your written notice went out before it.
- Put the demand in writing to the escrow agent and copy the other side, because the deadlines in Rule 61J2-10.032 run from a party’s demand.
- Ask the escrow agent in writing whether it is a licensed brokerage, a title company or a law firm. That answer alone tells you whether a disbursement order is available.
- Answer any certified or emailed notice from a broker within seven business days, even if your answer is only that you are maintaining your demand.
Frequently asked questions
How long can a seller hold up my earnest money in Florida?
There is no outer limit on how long a seller can withhold a signature, and the deposit stays put while the stalemate lasts. The deadlines run against the escrow agent instead. Where a broker holds the funds, Rule 61J2-10.032 requires written notice to the Commission within 15 business days of the last demand and a settlement procedure within 30 business days. Where a title company or attorney holds them, Paragraph 13 lets the agent keep holding until the parties agree or a court decides.
Can I request an escrow disbursement order myself?
No. Section 475.25(1)(d)1 places both the obligation and the request on the licensee holding the escrowed property, and the Division of Real Estate’s form is a request by the broker. Your route to a decision-maker is the contract’s: Paragraph 16 mediation, then county court. The Department’s own guidance notes that a party may elect to commence a civil lawsuit regardless of what the broker is doing about the settlement procedures.
Does mediation force a result, and what if the seller refuses to go?
No. Mediation under Paragraph 16(b) is a settlement process rather than a ruling, and Paragraph 17 has the parties split the mediator’s fee whatever the outcome. Invoking it in writing is still worth doing, because disputes not settled there may be resolved by instituting action in the appropriate court, where Paragraph 17 gives the prevailing party its costs and reasonable attorney fees.
Where to go from here
Most deposit fights are decided by what was written before the dispute existed. For how the deposit is sized and when it has to land in escrow, see how much earnest money you need in Florida and when it is due, and for the cancellation that produces the most contested deposits, see backing out after the home inspection in Florida.
If a deposit of yours is frozen right now, book a strategy session with our team at mvphomegroup.com/nelsoncruz. We read the notice dates and the escrow agent’s status first, because those two facts decide the rest. This is general information about Florida contract forms and rules, not legal advice.
Nelson Cruz, P.A.
Founder & CEO
MVP Home Group, Real Broker LLC
Nelson brings nearly two decades in law enforcement to his work in real estate. View Nelson’s profile or contact our team at 407-901-9939 or [email protected].
Featured image: AI-generated editorial illustration of a steel cash box with a brass padlock on its hasp, a banded stack of unmarked currency holding the lid open, a manila folder, two blank envelopes and a two-key ring on a pale marble counter. No readable text. Not a particular property, escrow account or title office.