Unless you were Chris, in which case I can understand why you gave me a thumb down.
I thought you had been here long enough to realize CA does things very differently.
I don't think asking an attorney for advice is a bad answer anywhere. Obviously this persons agent didn't explain it to them.
As this is a complicated issue and really depend on the very detail of your transaction; your best advise will be from either your Realtor, or if he can't answer the question to your satisfaction, ask him to let you talk to his Broker. They should sit down with you and go through your optons.
A notice to perform is a written reminder for a person to do what already is agreed.
Every locale is a little different. You should consult with a Real Estate Attorney immediately.
Lawyers do not practice real estate, we don't practice law.
There may be issues that arise from contingencies that are not met and the fact the buyer did not fulfill the contingency and no one from the seller's side held them to account.
I thought you had been here long enough to realize CA does things very differently. In IL we use attorneys for everyday transactions. In CA and atty is primarily used if a situation escalates into a lawsuit. At least that is my understanding. I'm not a real estate agent or an attorney and I've never bought or sold property in CA or NJ.
Assuming that the buyer has removed all contingencies, the seller has the right to cancel if the buyer does not then proceed to close according to schedule. If a buyer does not comply, then the seller may cancel and authorize the return of the deposit. But, usually, when a buyer refuses to close, the seller not only wants to cancel, but the seller wants to keep the deposit too and wouldn't the use of the Notice to Perform prevent that?