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Pa Agency Consumer NoticeBuyer_agent_dutiesMEDIUM

A Pennsylvania buyer's agent helps a buyer place an offer on a home. The seller accepts the offer, and the buyer deposits $10,000 in earnest money with the listing broker. Two weeks later, the buyer wants to back out of the deal without a valid contingency. The buyer asks the agent to recover the earnest money. What should the agent advise?

Correct Answer

C) The earnest money may be forfeited if the buyer defaults, and the buyer should consult an attorney before withdrawing

Under Pennsylvania law, if a buyer withdraws from a contract without a valid contingency, the earnest money may be at risk of forfeiture. The buyer's agent should advise the buyer that backing out without a contractual basis could result in loss of the earnest money and recommend the buyer consult an attorney to understand the legal consequences.

Answer Options
A
The earnest money will be automatically refunded because the buyer changed their mind within 30 days
B
The listing broker must immediately return the earnest money upon the buyer's verbal request
C
The earnest money may be forfeited if the buyer defaults, and the buyer should consult an attorney before withdrawing
D
The buyer can recover the earnest money by paying a 10% cancellation fee to the seller

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Related Topics & Key Terms

Key Terms:

buyer_agentearnest_moneybuyer_defaultlegal_consultation

Related Concepts

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

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