What Actually Happens if Buyer Doesn’t Make Escrow Deposit

Under the Florida FAR/BAR “As Is” or standard Residential Contract, failure to make the escrow deposit on time is considered a buyer default, but the contract remains in effect until action is taken.

The Seller’s Options

If the buyer misses the escrow deadline, the seller can choose to:

• Demand the deposit and allow the buyer time to cure the issue.

• Declare the buyer in default.

• Terminate the contract.

• Pursue remedies allowed in the contract (usually retention of deposit if it had been made, or other contractual remedies).

Important Point

Because the contract does not automatically cancel, the seller typically must send written notice of default or cancellation if they want to end the agreement.

Simple Explanation

You could explain it like this:

Missing the escrow deposit deadline is a breach of the contract, but it doesn’t automatically cancel the agreement. The seller must decide whether to enforce the contract, allow time for the buyer to cure the default, or terminate the contract based on the buyer’s failure to perform.