Instead, you should be looking at your situation. Is there an advantage to staying with this deal that's under contract, but in violation? If not, why not just have your agent inform the buyer's agent that due to their default on timelines, you are going to cancel the contract and accept the backup offer. Before you do that, make sure your back up offer is still valid, and I'd double check that they are prequalified so that their escrow runs smoothly.
The fact that the agent was so late getting the earnest money in could be nothing, or it could mean he/she is unprofessional, or that the buyers are having trouble getting their act together to buy the house.
However I had that happen FINALLY the seller (who I represent ) got so frustrated contacted the buyer direct was able complete the deal. Not sure where the buyers agent , and broker did not seem to care ! They pride themselves on customer care.
BASED ON THE CONTRACT if the buyer did not tender the earnest money on time based on the clause of the sales agreement THEY could be out of contract deal is null and void. HOWEVER confer with your listing agent determine if that is case IT COULD be free where you can pursue other offer.
If you are in option period you as SELLER might have right terminate the sales offer.
To many unknowns without full review of the executed agreement YOUR listing agent should be person providing you all info.
Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
Our agent already drafted and we signed an amendment with penalties if closing is delayed and/or if paperwork isn't turned in on time, the buyer buys a home "as is" with no expressed or implied warranties, save the structural warranty, which is transferred by the builder. It really does pay to have an agent that moves quickly.
Besides, suppose you do contact the buyer's agent. Do you really think that'll solve anything? No way.
If it walks like a duck and quacks like a duck, it's probably a duck. If the buyer isn't performing per the contract and the agent is avoiding you, take the hint. And you're in a great position: You have another offer. (Maybe not as good, but perhaps they're more serious about buying.)
Don't waste any more time or effort on a losing proposition.
Hope that helps.
This will avoid all the phone calls & frustration with getting the buyer's to respond.
Realistically, if they're being this difficult now, you may not want to continue through the escrow process with them. With them being so unresponsive, it may be a difficult transaction til the end.
It may be better to move on and get a more "responsive" and "motivated" buyer and agent.
You can call but, it probably won't motivate the situation anymore than what your agents already done.
I think for my own peace of mind I would contact the buyers agent just to see what answers you can get from them if any. I would not let another offer walk away because you are waiting on buyers could can't comply
Keller Williams Realty
Jason Stevens, ABR, GRI
Kevin Flynn Realty, Inc.