have your agent check to make sure it's not back on the market, might be time for your agent to get his/her broker involved.
Seller is just being a jerk IMO, you should contact an attorney and perhaps have a strongly worded letter sent to the seller.
Unfortunately, there are only three ways earnest money is released by contract. 1) At closing, 2) by mutual written consent of buyer and seller, or 3) by a court of competent jurisdiction. This is true even if you fulfilled the contract at every point.
What does this mean? If you used a third party escrow company, neither buyer nor seller will receive the earnest money until there is a mutual written agreement to release it.
Your first step, if you haven't done so already, is to get in touch with your agent/broker (and/or attorney) to discuss strategies for helping the seller understand that it is in their best interests to release the funds back to you. As long as your lender has produced proof in writing that they were unable to finance you, the seller should eventually come around and sign off on returning your funds.
If all else fails and you live in Johnson County, consider filing a claim yourself in small claims court (assuming your EMD was $4000 or less). For a small court fee, you can demonstrate to the judge that you performed on the contract and enjoy very strong odds of getting your money back.
Dwight Goodwin, REALTORÂ®