Originally posted by @Andrew Postell:
@Scott Pillsbury your purchase contract should have a "Third Party Financing Addendum" that states your time period to get approved. If you received your "no" before that date expired you have the right to get your earnest money back. If you got your "no" after that period ended, then the seller does not have to give you anything back. Each state might have some specifics here that I cannot comment on but that's the general concept of your contract. Very sorry that this happened. Always work with a local lender that comes recommended to you. It doesn't guaranteed that things won't happen but it will significantly help with things like this.
Though this is true in TX to a point, there is a third party financing clause that states you have a certain timeframe to let the seller know you either can, or cannot obtain financing approval and get your EM back. However, there is a caveat to this that most agents fail to either learn, be taught, or don't read the contract, or simply the case that it is not practiced in certain areas.
The TPF addendum states that there are 2 areas of Financing Approval, Buyer Approval and Property Approval. Buyer approval is typically the one you let them know the number of days you can obtain financing, BUT, it does state that Buyer is considered to have obtained approval when "...(ii) lender determines that Buyer has satisfied all of lender's requirements related to Buyer's assets, income and credit history".
This can be a bone of contention when it comes down to it as unfortunately, in your circumstance, I would argue as the listing agent for my seller to keep all of the EM because you did not perform to the TPF addendum as you were not able to secure financing because of failure to successfully obtain Buyer Approval. Lenders will often take the position that if they cannot approve the work history piece then that falls within the "income" scope of buyer approval.
To Andrew's point, local lenders and agents are BEST, as they know the market, how RE is practiced in real life in that area, and have a personal relationship with agents and appraisers to benefit the transaction on either side. Like me, it helps to know which agents and lenders look at, know, practice, or otherwise conduct business so I can successfully negotiate on my client's behalf. I absolutely hate to turn away business, but I typically don't take on clients that want to use Quicken, Rocket Mortgage, etc anymore. They do a very VERY high level credit overview to get you an approval letter then when it comes down to it, during the transaction, the underwriting is much more intense and they fail a lot of loans if the client is too close to the wire. I went though it about 3 times with different client's and in the end, winds up costing them big bucks. One time Quicken approved my client for $100,000 at a 4.2% but he had a great job, great income and I felt he would do better locally, I got him hooked up with a local lender that understood shift work, shut-downs etc and he got approved for $250,000 at a 2.8%, we are closing tomorrow on his home.
Never underestimate the power of local relationships, boots on the ground agents, and intimate local market knowledge!