Your "best answer" is assuming your agent wrote a contract using the Texas Realtor Forms. Agents always think builders use those forms, but they have their own forms 90% of the time. The TAR release of earnest is assuming you have the right (per the contract) to release the earnest money. In this case, it would have to be in the contract and/or you would have had to use the "Third Party Financing Addendum", which, again, is a Texas Realtor Form. 9 times out of 10, the builder did not let you use this or the time period listed there may have expired already.
To be honest, you usually can't get out of a contract with a builder if it's for medical reasons. Those reasons would have needed to be outlined in the contract itself. I highly doubt it was. Also, builders are not governed by the Texas Real Estate Commission (TREC), which is how agents are governed, so you don't have the same remedies. They are under the Texas Residential Construction Commission (TRCC), so you can call them for info about any builder.
http://www.trcc.state.tx.us/default.asp
I wonder if you can get your earnest back due to lack of financing since you may not qualify. You may want to call your lender to get a letter. Again, this would need to be in the contract you signed, but it's worth a shot.
- Tue Jun 3 2008, 20:20