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hi Im Annie Fitzsimmons Im your Washington Realtors legal hotline lawyer and today were once again docHubing into the legal hotline mailbag for our question and the question goes something like this buyer completes their inspection of sellers property and damaged sellers property sale falls apart seller wants to recover the cost of the damages from buyers earnest money before refunding the earnest money to buy yer question number one is by youre liable for those damages number two is seller entitled to buyers earnest money to recover for those damages if you want to discuss that issue amongst yourselves or think a little bit more about it push the pause button the answer is yes buyer is liable for the damages caused to sellers property by buyers inspector form 35 makes this very clear the language in forum 35 says that buyer will restore first of all will not damage sellers property and if any damages done seller will restore the condition of sellers property language is unequivocal