P&S Agreement or FHA 90 Day Rule

[Fermin G.]

Okay here is the deal,

I have a P&S signed with buyers for a house I bought in January and listed on forst day and went under agreement first day of listing mid april. I was supposed to close with the buyers this past Friday. On Thursday there mortgage broker called my real estate broker up to tell him that we had to wait 90 days form the time I purchased to the time the buyers sign a P&S under FHA guidleines.

There mortgage financing contingency ended weeks ago.

WHO HAS THE RIGHT TO THE DEPOSIT? Me (the seller) or the buyers?

Please advise

Thanks