Can I still back out of purchasing a house?

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needhelp

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My husband an I made an offer on a house. The sellers counterofferd and we accepted by siging the papers. However, we did not give the earnest money to our real estate agent and he said that if he didn't get the money in 5 days that the contract would terminate. Now our agent is saying that the contract is still legit and if we back out, the sellers could possibly take us to court. I have told our agent that after considering all our bills that the house was over our budget. He said that since we were already preapproved for the house amount that we cannot just back out of the offer. Is this correct or not?
 
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