i gave 3000 for down payment on a home then tried to qualify for a home. they didnt qualify me and now want to keep my deposit. can they do this?

Jc
Home Buyer
18011

Answers (3)

Good morning, JC!

When you signed the Agreement of Sale, you should have received a copy of it. Read it over and see what the contract states. It depends on what the contract states as far as the morgage contingency and the dates. Time is always of the essence. Have your agent go over the contract with you and explain what each part means. This should have been done when you first placed the offer. It is so important to know the contract before signing. If you aren't working with an agent, speak to a real estate attorney to help.

So, check your contract to see what it states and take it from there.

Brigita McKelvie, REALTOR, e-PRO, GRI
Keller Williams Real Estate, Bethlehem, PA
Office: 610-867-8888 Direct: 610-393-9424
E-mail: brigita@brigitamklv.com
Web: http://www. RuralAndHorseProperties.com
Blogs: http://activerain.com/blogs/brigitam

Mon Sep 14 2009, 05:28
Patrick Thies
Agent
Elmhurst, IL

As long as you have a mortgage contingency in your contract and you are not passed the deadline, the seller is not entitled to your earnest money. The mortgage contingency deadline gives you a date to secure your mortgage. If that date comes and you are not able to get a loan (and you are not passed the date or any extensions) the contract becomes null and void and the buyer is entitled to any and all earnest money back.

Sun Sep 13 2009, 16:19
Andrew Himes, C...
Agent
Montgomery County, PA
FIRST ANSWER

It depends on how the contract was written. Do you have a buyers agent? One that is seperate from the agent listing the house. If you have a mortgage commitment in the agreement you should be able to get your deposit back. It all depends on how your agent wrote the agreement and the dates stipulated in that agreement. I hope you had an agent representing you and if so, they are the one to ask because we have no idea what the contract says.

Sun Sep 13 2009, 16:06

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