Take a look
here...Chapman v. Engel. Interesting appellate case from the second district. Brief facts, plaintiffs entered into contract to purchase defendant's home for $555,000. At final walk-thru, the property was not in the same condition as when the contract was signed. P's requested a credit or a repair escrow and D's refused. $55k was held in escrow as earnest money. Home eventually sold for $520,000 to another Buyer.
Court ruled that earnest money should go back to the P's. Interesting case, the appellate court really dealt with what the definition of a "prevailing party" is. The case transcript didn't get into how the home was no longer in the condition that it had been when the contract was signed. I wonder what the issue was.
NEVER do not do a pre-closing walk-thru! I see people who don't but I think about 1/4 of the time I'll hear of problems...usually minor but every $$ counts.