• Sounds suspicious to me. Why would someone put a down payment with a contract? Ernest money is usually involved to assure the purchase offer in intent. If the seller takes the offer as is with no changes whatsoever, then technically they can keep the ernest money. But, you could find a lawyer willing to fight that action. There is usually something that has to be changed to make the deal flow. Even if the financing can't be arranged, usually the ernest money is returned. If you don't trust your agent, call a lawyer. But, first, I'd tell the agent you are calling a lawyer. It might save you from having to pay a lawyer.
  • Yes probably, unless the seller is willing to cancel the contract and return your earnest money. It is up to the seller -- that's what agents don't always disclose.
  • it might be if he told you that

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