They may have deposited the earnest money with title company.
If you don't have a realtor, GET ONE!!! And hurry

If the builder had NOT declared bankruptcy and the contract you signed had a financing contingency clause in it, then yes your earnest money should be refunded. But in your scenerio you mentioned the builder has declared bankruptcy which puts you standing in line for funds from the builder along with all of the other builders creditors.

You can contact a real estate attorney to file suit against the builder on your behalf. But I would not get your hopes up on having your earnest money refunded.

Check on your contract if you have a conditional loan clause. If your Realtor had marked the clause, you are still entitled to get your deposit back. All my contracts have an appraisal and conditonal loan clauses.


Liege Garcia, ABR, CNRN, e-Pro

IT depends on whether you had contract with any contengencies, such as appraisal and financing. If you do, you will absolutely get your money back. However, you can still see a real estate lawyer.
thanks,

Sean