Possibly. You need to have a contract review with a real estate attorney to determine whether your earnest money should be forfeited. The original contract is key. If it says that you will get the earnest money back if you are not responsible for the failure to get financing, if it was contingent on your getting financing,then you are entitled to it. But if it says something else, then you may not be entitled to it. The thing is, the language of the contract controls.
Have a contract review, and if you have a case then sue. And if the contract also states that you are entitled to recover attorney's fees, then these should be awarded as well.
All my best.
I am an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in Mesa, Arizona. In addition to our other areas of practice, Fife & Cesta is a debt relief agency. We help people and families file for relief under the bankruptcy code. https://plus.google.com/#105782058221121955478/posts The answers given here are based on the information in the question, but for a complete answer you should have a consultation with an attorney you trust. Call (480) 850-6541 for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.Ask a similar question
The most important thing for you to do is to notify the title company about this dispute as it generally has control over the earnest money deposit. It will not release the earnest money to either party until both parties have an opportunity to address the issue. The title company also has its own legal department to evaluate these disputes.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.Ask a similar question