[quote=DavidSD]thank you all. So I’m in no obligation to pay for the fumigation cost. My dilemma right now is my agent; he doesn’t want to work to resolve this; he told me to pay the whole $2400. I understand that there is no money in it for him. Is there any way I can force the seller to release the escrow so I can get my earnest money back? I thought it would be in their interest to release the escrow so they sell their house to other party, am I wrong?[/quote]

Just tell him/them you weren’t able to qualify for the loan, and you want your full escrow amount back. Nowhere were you obligated to pay for the fumigation cost, and if the seller already did it, too darn bad. If your agent is reputable, he’ll oblige. If he gives you a hard time, insist on it…And then when you finally get your deposit back, find another agent.

Personally, if I were in the seller’s shoes, I would have just credited the buyer the $2400 upon close of escrow or done it after all the contingencies were removed. But that’s his/their problem, not yours.