This is a good question and one we run into just about every day. It depends on many factors, of which some where mentioned here. Typically buyers agents structure offers that benefit their buyers, such as repairs needed that might not be disclosed on seller disclosure notices, as a way to back out of a contract, without losing earnest money but that is also covered in the option period section of a contract for purchase. The inability to obtain financing, is the number one reason why properties do not close but most sellers require a letter from the buyers finance company to confirm this, again, it would be in the third party financing agreement. There are also time constraints written into this contract as well. Most often, the contract has a certain number of days written in, that allows a buyer to withdraw an offer due to the inability to obtain financing without losing their earnest money. Look for how many days the buyer had to obtain the financing and see if they exceeded it before telling you they could not get financing, if they exceeded it, you can usually keep the earnest money. The answer to your question should have already been discussed prior to you accepting any offer on your home but ultimately it is your listing agent that can answer this question for you because they have all the contracts and documents on hand that would tell them the answer.