Like many other agents mention - You need to talk with your agent or your attorney. We are not able to give you legal advice,
But revire your signed contract on the terms of Earnest Money. Most builder has their own contract that protect themselves and we as real estate agent usually use the TAR forms which to ensure to protect the general public such as yourself. I would also talk to the title company assuming thats the people you give the EM to not the builder directly.
JP and Associate
2. It is based on executed sale agreement you signed
3. Confer with an attorney
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You need to talk with your agent or your attorney. We are not able to give you legal advice, plus we have no clue what terms are spelled out in your contract. You might also contact the escrow firm or closing attorney in charge of your EMD account.
Best wishes, Jim