Definitely!!! It's totally the Buyer's agent's fault for not protecting her buyer's earnest money. Because of privacy laws, lenders can only provide limited information to the
Listing agent, which is why we primarily rely on Buyer's agents to provide honest information during the lending process. Just a shame!
Bad representation, this is gambling with the buyer's money if this agent had not informed the buyer of what might happen if the loan or appraisal would fail outside of the contingency period.
Buyer could possibly lose the earnest money because IT'S IN THE CONTRACT and buyer DID agree to the contract A.K.A. the Residential Purchase Agreement (RPA).