do iget earnest money back? (agent, agreement, percentage, price)

[sledneckdiver]

entered into a contract to sell out house, just outside of erie pennsylvania. after going back and forth we and the sellers agreed, on price and details. after home inspection she requested a few things fix, and added, i obliged all except for adding gutters to the house. everything else was done as requested and then some, unfortunately the agent, ours, never got the new agreement signed, the only difference being we werent gonna add gutters, but did everything else she requested. so only thing not done is the gutters. a week from closing seller backs out, saying she has second thoughts.
are we entitled to a percentage or all or none of the earnest money?
just seriously upset at this time, cuz one thing was $1200 electrical upgrade.

[EZICIT]

Originally Posted by sledneckdiver

entered into a contract to sell our house, We agreed, on price and details.

Originally Posted by sledneckdiver

After home inspection the buyer requested a few things fix, and added,
I obliged all except for adding gutters to the house. everything else was done as requested and then some, unfortunately the agent, ours, never got the new agreement signed, the only difference being we werent gonna add gutters, but did everything else she requested. so only thing not done is the gutters. a week from closing seller (Ezicit - Do you mean the Buyer?) backs out, saying she has second thoughts.
Are we entitled to a percentage or all or none of the earnest money?
just seriously upset at this time, cuz one thing was $1200 electrical upgrade.

EZICIT - Your Realtor never should have allowed you to do any 'repairs' or 'upgrades' until you had a firm, binding contract AND a deposit from the buyer, large enough to cover your out-of-pocket costs.
As to who gets the deposit, that depends on what the Listing Contract with your Realtor says, and, the terms of your agreement to sell to this person. Let me know.
Hope this helps . . . .

[Brandon Hoffman]

Nobody here can answer that without seeing the paperwork you have. Consult with your agent and/or a real estate attorney.

[palmcoasting]

I would consult an attorney with regards to the whole thing. If you don't have a signed addendum then neither does the buyer. If the inspection period has completely passed and the buyer has nothing changing the original contract to say that you were obligated to repair anything, she may quite well be out of luck. In addition, your agent is at fault for "forgetting to get the agreement signed" and may be liable. And...depending on the out come of the first point, you really can't just 'change your mind' unless your contract says something different.
Since there is a possibility the agent may be liable, I'd hit an attorney first and let them look at everything. And find another agent.