In Florida it's either held by a broker with an escrow account or the title company/attorney that will be handling the closing.

Kim Loizzi It is customary here to put the EMD in the listing broker's escrow account. 

Listing brokers trust account.

At the end of the day, it shouldn't matter... the money will be held in a fiduciary account. In my market, typically, it's one of the brokerage firms involved who holds the money in their fiduciary account and only rarely does it go to the attorney.

It seems to vary quite a bit and depends on the contract. I don't take any money at all. EMD from buyer is wired to escrow within 3 business days after acceptance - it's in the contract

Unless otherwise stipulated in the offer, cheques are made payable to the Listing Brokerage and held in trust.

We are fortunate here in California.  Our new contract defaults to wiring funds directly to escrow within 3 days of acceptance.  No more check or held funds for us anymore.

In Texas made out to the title company ..check with your broker..differs in every state.

Here in IL it's the sellers broker/listing office. In my state NOBODY on the buyers side has control of the EM.

In Erie County PA deposit check is made out to listing company to be deposited in escrow account until settlement.

Generally, the listing broker. I also recommend Certify funds. 

We hold it in our office trust account or the closing attorney but have had deals where the listing agents said it had to go to the seller's closing attorney.

I think, different states are different. I do not take EMD checks at all, buyers wire EMD directly to an escrow after the offer is accepted ( SoCal).

Kim,

Here, it is made out to the sellers Broker, and held in trust.  A

Good morning Kim,

The good faith deposit can be placed on either or. As long as it is deposited in a timely manner per the contract.

In Denver we have buyers make the check payable USUALLY to a title company.

I like to have it made out to the title attorney.

I deliver to title company.

the holder is named in our contract. Typically it's the selling agent's firm. with foreclosures it can be required otherwise.

We do not use attorneys in my area/State - San Jose, California.  We make checks out to the Title Company or funds are wired to the title  company.

we have it made payable to the listing office who holds the deposit in our area...if the seller's atty wants it, we sign it over....I would just as soon have the seller's atty hold it.... NEVER THE BUYER'S ATTY....

In California, it is spelled out in the purchase agreement.  That said, it's rare for me to "handle" a check anymore as more deposits are electronically transferred to the escrow company(Southern California) within three business days of acceptance.   

Each state and jurisdiction is different as you will see by the variety of answers.  

Whoever pays title decides who the closer will be. Is the seller paying title? Nevertheless, the buyer can have the funds held by their attorney and submitted at closing. You are clearly still negotiating terms.

We use escrow/title companies here

Payable to Escrow....

We don't use attorneys here so no clue

As long as it is in a Trust account and both parties agree, that is all that matters.  

The attorney who will be handling the closing usually gets the deposit. Most often it is a title company!

Here in NH, escrow deposits are held by the listing broker. We do have some bank clients selling REO that use their lawyers to hold the EMD. I would not allow my seller to let a buyers lawyer hold the deposit as the deposit is what is securing the sale. 

Not here we use escrow companies in Arizona.

Usually seller's or buyer's attorney for the actual deposit, the good faith deposit is normally made out to the selling broker's escrow account, then funds transerred to one of the attorneys as the deal progresses.

Based on our contract it is made payable to who is spelled out in the contract.

In our area it's usually made out to the listing brokerage.  In foreclosure situations, we've had it made it out to one of the attorneys.

My experience has been to the listing broker's trust account.

It's made out to the Title and Escrow Company....

Depends on the contract. All my contracts have so far made it out to listing office.

Payable to the broker in our area.

Title company, we don't have an escrow account

Kim Loizzi - I guess, it's mutually agreeable.

Payable to Title Company closing the escrow here, used to deposit in Brokerage escrow account.

Here the earnest money deposit is made out to the title company. 

Always to a title escrow company. What happens the lawyer or broker disappears?

Now almost always the buyer's real estate escrow. I remember when it was always the listing broker. The contract has a blank to fill in who holds the EMD.

Who it has in Mls to made out to.

     Made out to the Title Company or Title Attorney.  A very few Florida Brokers have their own Escrow Accounts.

I always had a had EMD's made out to the escrow agency, an unbiased third party.

I make it out to the title company which is doing the settlement but in the mid Atlantic the title attorney represents the transaction rather than either of the parties

Always to the lesting Broker.   Otherwise the seller has no leverage if the buyer gets goofy

We deal with neutral 3rd party - escrow.  Check is made to the title company. I have heard of the requirement to make a check paid to the Listing Broker's client trust account. I assume with the attorney it would also be a client trust account. I much prefer our system.

Deposits are usually made to the listing brokerage in my jurisdiction but it can be made to other parties depending upon the particulars of the contract.