We are under contract to buy a condo. Closing is in two weeks. Yesterday my company laid off 50 people including me. I can’t get the loan now. Does the seller get to keep my $5,000 earnest money even though it’s not my fault?
Asked by Trina | San Diego, CA| 04-22-2026| 7 views|Finance & Legal Info|Updated 1 day ago
I’m really sorry you’re going through that, that’s a tough situation, especially this close to closing.
The good news is that in many cases, you may still have a way out without losing your earnest money. Most purchase contracts include a financing contingency, which is designed to protect you if you’re unable to secure your loan. Since losing your job directly affects your ability to qualify, this often falls within that protection.
The key question is whether your financing contingency is still in place and hasn’t been removed. If it’s active, you may be able to cancel and have your $5,000 earnest money returned.
If that contingency has already been removed, things can get more complicated. While the contract is written with the intent to protect situations like this, there’s also an expectation that both parties follow the spirit of the agreement. If certain actions or timing lead to financial harm for the seller, they may try to claim your deposit or even pursue additional damages.
This is where it can shift into a legal issue. If both parties don’t agree on how to handle the cancellation, it may come down to interpretation of the contract and applicable law.
I would strongly recommend speaking with your agent and lender immediately, and also seeking legal advice so you fully understand your rights and exposure. Acting quickly and getting proper guidance will give you the best chance of protecting yourself and your deposit.
Hi Trina
Sorry to hear of the loss of your job!
I would speak to your realtor immediately! I've had a similar situation with a buyer in the past. Here in Floride, typically the buyer is allowed their earnest money returned if they cannot get the loan. I would absolutely get a denial letter from your lender as soon as possible. That should help. Best of luck!
Hi Trina! I'm very sorry to hear that.
You need to touch base with your agent and/or attorney immediately. California has some of the strongest buyer protections in the country. If you used the California Residential Purchase Agreement, then it has uses an Active Removal basis for financing contingency. If you didn't use the Cal RPA you may still be protected. Getting a Loan Denial letter from your lender is key, get one of those right away! Good Luck!