Back-up offer and earnest money deposit
About 3 weeks ago we submitted a back-up offer on a house along with the $1,000 earnest money deposit (standard for our area). As far as we know, the sale of the house (to the other buyer) is still scheduled to go through this week. Just last week, our earnest money check was cashed! I thought that the sellers couldn't deposit our check unless they had accepted our offer. Does anyone know if the seller can deposit earnest money from a back-up offer when they still have the orignal offer under contract?