text: does a mortgage broker have a legal right to bill a buyer's earnest money if the seller was in default? the builder was in default on a new home contract. the builder agreed to the return of earnest money to the buyer. the buyer's mortgage broker then sent the bill for the appraisal ($325), and an additional appraisal fee ($100) to the title company for payment from earnest money.  when the buyer consulted with an attorney, the buyer was informed that they were not responsible for the appraisal since no closing took place and the buyer was not in default. in this case, who pays for the appraisal??? buyer get the earnest money back and the mortgage broker is sol.  should have collected for the appraisal up front.