What should I do?Buyer Ruined Loan Approval During Escrow

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We opened escrow in May this year and after an uphill battle with paperwork we finally received notice from the title office of the closing date. The buyer, after promising he has the funds in the bank, decided to start 2 separate projects while in escrow. This possibly ruined our deal or possibly not however he promised to close and now hes backing out of a package

where is the deposit? Is it clear in black and white that you can keep it should they fail to go forward?

In our area 3% is deposit with 24 hours after getting into a contract.