However, I notice that you are "from" Alaska...this state may have different rules and contracts than California. Again, talk with your agent for clarification.
1) Buyer's offer was submitted using the most recent CAR Residential Purchase Agreement (RPA);
2) There were NO changes to contract terms via addendums;
3) At least one of the Buyer's contract contingencies (inspection, loan, and appraisal) HAVE NOT been removed; then, it is quite likely the EMD will be returned. Note the three contract contingencies above require written and "active" removal - passing a certain date does not typically remove the contingency (REO Addendums may remove the "active" element in favor of a "passive" removal).
You should speak to your agent about whether it's time to send a "Notice to Perform".
You may also want to review Para 14F of the CAR RPA which states:
"If Buyer or Seller gives written notice of cancellation â€¦.A Buyer or Seller may be subject to a civil penalty of up to $1,000 for refusal to sign such instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code Â§1057.3)." The Seller must release the deposit within 30 days per Civil Code Â§1057.3"
( Civil Code Â§1057.3 can be found at http://law.onecle.com/california/civil/1057.3.html )
This is a question your Agent should be addressing and clarifying for you based on what actually occurred. The details and timelines of your contract are unknown; thus, with imperfect information anyone answering this question can only speculate what action should take place.
What is the buyers agent telling you? Are they communicating with you at all?