They immediately requested us to take the property of the market while they process their pag-ibig loan application which they guaranteed as approved. In good faith, we complied with their request.
After a month, it appears that they have some loan funding problems with pag-ibig and with banks they approached, as they have no money to add as their loan equity.
A> if the buyer backs out from the transaction bec of their own funding problem, is the seller obligated to return the earnest money? Considering that the acknowledgement receipt did not mention of any forfeiture clause?
B> the forfeiture clause was omitted from the acknowledgement note since the seller was guaranteed by the buyer that their loan facility is good as approved
Your legal comments needed. Thanks.