Real Estate Law
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Was there a roofing contingency?
In order to be entitled to the earnest deposit back the buyer would need to be in compliance with the terms of the contract- if the objection deadline has passed, then it is waived which means that the sale will go forward, as is (ie seller need to remedy the situation).
If the objections were noted prior to the deadline, then the seller has the choice to remedy the situation; buyer prevents this by not including the report; as such a buyer would not be entitled to a refund as they did not comply with the provisions of the contract. In order to preserve the right to retain the earnest money one would need to document that there was not mutual consent, and that seller is still waiting for the inspection report which needs to be delivered by X date (per the terms of the contract).
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Based on the language,
if buyer has reasonable objections to any report or unsatisfactory condition disclosed by any document survey or ILR and/or inspection then no later than the applicable objection deadline buyer may request that seller cure buyers objections or buyer may terminate this agreement
it is at buyer's discretion to request a cure, or to terminate. So long as the objection is reasonable the buyer can then terminate if that is their chosen method; so one would need to determine if, based on local standards, the revealed defect is material. That presupposes that documentation (the report) was included prior to the objection deadline; if not, then per the language it is deemed waived and the sale would go forward or the buyer would forfeit the deposit.