My husband and I entered into an agreement to purchase bare land in April. Per the agreement, we paid $433 in earnest money and then we were going to pay $433 per month for 7 months for a down payment and then close in October. Well, we have had some financial difficulty and need to back out of this agreement before it closes. In the paperwork it stated that in the case of buyer default the earnest money would be forfeited, we are fine with that, but what about the down payments we have made for the past 5 months? Do we get those back?