"It's unfortunate that you were unaware" is an unacceptable response from the agent who works for you.

It's a standard spiel, from me, when my buyer hands me the initial earnest money check. I tell them as I accept the check: "This check will not be cashed, until we have a fully accepted, fully initialed contract. In fact, I don't even turn over this check until we've got full agreement. But, once the check has been turned over, you should assume that they will cash that check the same day received".

My response, as a buyer, to an agent who told me that it was "unfortunate that I was not aware", would be:

"Yes, it is unfortunate that you didn't prepare me for that possibility. I do not engage in this process on a regular basis, and therefore am not familiar with how things work... but YOU do and I would hope that you would make every effort to educate me in all the nuances of the process. That's part of what you're being compensated for. I trust that you will not allow me to be caught 'unawares' again."

I am working with a buyers agent, and she did NOT educate me on this. In fact, her response was "It's unfortunate that you were unaware"

The sellers agent has been more helpful than my buyers agent. Sad but true!

In Illinois, the earnest money check is not cashed until you have an accepted offer, and then it must be deposited by close of the following business day. (so if given on Friday, by 6:00 Monday... if given on Thursday, by 6:00 on Friday).

If you were working with a buyer's agent, your agent would / should have told you when to anticipate that your check would be cashed. If you're not working with an agent, the seller's agent is under no obligation to educate you about the process, although it would have been the nice thing to do.

Pete, if you were not working with a buyer agency contract, the Realtor is acting in the best interest of the seller, by law. Did you have a buyer agency contract?

Pete,

If the Purchase Agreement does not state otherwise, the EMD must be deposited within 2 BANKING days of acceptance. It is unfortunate you were not made aware of that.

Pete, I believe real estate brokers (the company) are required to deposit any money received within 2 business days. You would have to read your actual offer(s) to see when your earnest money deposit was due. If it was with the offer, then of course it would be deposited by the broker/company in an escrow account. This is required by law.

I cannot speak for your agent/broker, they may have a different policy. In my offers, I always make the Earnest Money Deposit due AFTER acceptance of all inspections (and they are listed). That prevents my clients from having their check cashed, because it's not due until 2 days after that time.

I suggest speaking with your agent to find out what their policy is.