They don't insure what I'm really concerned about - unrecorded transactions that constitute a past, present, or future cloud to title.

Mexico has amended their constitution 3 times in the last 100 years related to property ownership. 

This constitutes Agent as Principal."

I'm not a lawyer, but none of us sharing are so far are, so I believe it appropriate to chime in.I think what Jon said about the bank agreeing to allow the transaction for the consideration of bringing the loan current would constitute a stronger case for the cashed check to be binding.

It’s questionable whether this is constitutional, but no one wants to be the test case.

Well I'm actually not wrong; maybe we just differ in opinion as to what constitutes "commercial" or I wasn't clear enough in my statements.  

So you should write it as a financing deal, but exclude mortgage contingency from the contract, that tells the buyer that you are confident on getting funds in 10 days.Secondly, your agent should not dictate you on what earnest deposit has to be, this is totally up to you to constitute the offer terms - agents duty is to submit it to the Listing agent for sellers acceptance / counter or decline.

I guess the part I'm specifically trying to figure out is what is it that constitutes a public offering.

Came across Washington State AG interpretation of what constitutes a distressed home consultant.  

The case involved property that was inherited and had no loan, so there was no cash investment.While the Jersey City ordinance establishes what constitutes a fair return when a landlord has made an investment in rental property, the ordinance does not provide how a landlord is to realize a fair return when no investment has been made.4 However, consistent with Hutton, the ordinance must be read as though it does permit a landlord under these circumstances to realize a fair return on property.What was really a riot was that the tenants were trying to reduce their rents already under $500 down to $150!