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If the transaction's not completed, it really depends on whose fault it is and who's in breach. Is it the buyer or is it the seller? Also, you have to look at the contract.

Sometimes the buyer is allowed to cancel the contract if, for example, they cannot obtain a mortgage. If you find yourself in a situation where the buyer cannot close, then you're definitely going to need legal representation and consult an attorney as to how to proceed further.

What happens to my earnest money deposit if we do not complete the sale?

By Eugene Vigoa, Esq.

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