Utah REPC Deadlines Explained: A Homebuyer's Guide to Earnest Money and Due Diligence

by Dan VanSweden

By Dan VanSweden, REALTOR® | VanSweden Real Estate Group, KW Westfield (Excellence) | Helping Utah buyers and sellers since 2017

When you buy a home in Utah, your offer is written on the state-approved Real Estate Purchase Contract (REPC). Once the seller accepts, a set of deadlines starts running: your earnest money is due within four calendar days, and the Seller Disclosure, Due Diligence, Financing & Appraisal and Settlement deadlines decide when you can still cancel and get that deposit back.

Here's a plain-English walkthrough based on the current REPC form, which the Utah Division of Real Estate publishes (effective December 4, 2024, approved by the Utah Real Estate Commission and the Utah Attorney General's office). This is general information, not legal advice, and your own contract's terms are what count.

What is earnest money, and when is it due in Utah?

Earnest money is a good-faith deposit that shows the seller you're serious. Under the REPC, you deliver it within four calendar days after the seller accepts your offer.

The deposit never goes to the seller directly. It's held by a brokerage or title company, and the REPC gives the brokerage four calendar days after acceptance and receipt of the funds to place it in its real estate trust account. At closing, it's credited toward your purchase. The amount isn't set by law; it's negotiated in your offer, and a larger deposit puts more of your money at risk if you miss a deadline.

What are the four main REPC deadlines?

Section 24 of the REPC lists four key dates, each filled in when you write your offer. Here's what each one controls:

  • Seller Disclosure Deadline: the date the seller must give you their disclosures, such as the property condition disclosure and any HOA documents.
  • Due Diligence Deadline: your window to inspect, research and either cancel or resolve your concerns with the seller in writing.
  • Financing & Appraisal Deadline: the last day to cancel because the home appraised below the price or because you aren't satisfied with your loan terms.
  • Settlement Deadline: the latest date to close.

Two timing rules apply to all of them. Under the REPC, "days" means calendar days, counted from the day after the triggering event, and anything due on a deadline must be done by 5:00 PM Mountain Time that day. The contract also says "time is of the essence", so a deadline that falls on a Saturday is still a deadline.

What should you do during the Due Diligence period?

Use it to learn everything you can about the home before your deposit becomes non-refundable. If you cancel in writing by the Due Diligence Deadline, the REPC says your earnest money comes back to you.

Common due diligence steps for Utah buyers include:

  • A full home inspection, plus a sewer line scope on older homes
  • A radon test (see our guide to radon in Utah homes)
  • Reviewing the seller disclosures, HOA documents and the title commitment
  • Checking insurance quotes and any planned roads or development nearby

If the inspection turns something up, you can ask for repairs or a credit, in writing, by the deadline. If you do nothing by that date, the REPC treats the due diligence condition as waived, and your earnest money generally becomes non-refundable apart from the financing and appraisal exceptions below.

What happens if the appraisal is low or your loan falls through?

You're still protected until the Financing & Appraisal Deadline, but how much protection you have depends on the reason you cancel.

  • Low appraisal: if the home appraises below the purchase price, you can cancel by the Financing & Appraisal Deadline, along with a copy of the Notice of Appraised Value, and the full deposit goes back to you.
  • Unhappy with your loan terms (after the Due Diligence Deadline): you can cancel by the Financing & Appraisal Deadline, but a portion of your earnest money, an amount negotiated in the contract, goes to the seller and the rest comes back to you.
  • Loan doesn't fund after the deadline has passed: either party may cancel, and the REPC gives the full deposit to the seller as liquidated damages.

That last point is why getting fully pre-approved before you write an offer matters so much. Our step-by-step guide to buying a home in Utah covers that part of the process.

How can buyers avoid losing earnest money?

Put every deadline on your calendar the day your offer is accepted and schedule inspections early. A few habits that help:

  • Set reasonable deadline lengths when you write the offer. Don't shorten due diligence just to look competitive unless you can finish your inspections in time.
  • Put every cancellation, objection and agreement in writing. Phone calls don't count.
  • Be careful about waiving conditions or making earnest money non-refundable up front. The Utah Association of REALTORS® has warned buyers about the risks of waiving due diligence, appraisal and financing protections.

As a Spanish Fork–based agent serving Utah, Salt Lake, Davis, Weber and Wasatch counties, I've found that keeping these dates front and center is one of the simplest ways to protect a buyer's deposit from offer to closing.

Frequently Asked Questions

Do I get my earnest money back if I back out of buying a house in Utah?

It depends on timing and the reason. Under the standard REPC, if you cancel in writing by the Due Diligence Deadline, your deposit is returned. After that date, your remaining protections are mainly the appraisal and financing conditions, and some or all of the deposit may go to the seller.

Are REPC deadlines counted in business days or calendar days?

Calendar days. The REPC counts days starting the day after the triggering event, such as acceptance, and anything due must be done by 5:00 PM Mountain Time on the deadline date.

Can the deadlines in a Utah purchase contract be extended?

Yes, but only if both buyer and seller agree in writing, usually through an addendum. If you think you'll need more time for an inspection or your loan, ask for the extension before the deadline passes.

Ready to Buy in Utah?

If you're getting ready to write an offer anywhere along the Wasatch Front or Wasatch Back, I'd be glad to walk you through the REPC line by line before you sign. Call or text Dan at 801-857-5831. Thinking about selling first? Get a free home valuation to see where you stand.