If you have made all of the conditions of the sale, it would appear that he shpould loose the earnest money.
Read over your contract.
The conditions for mutual release & the terms under which mutual release exist should be specifically spelled out in your agreement. If the offer that you recived was written on a standard Cleveland area board of realtors approved offer to purchase agreement. it would appear that the buyer may be out of luck with regard to receiving his earnest money back.
Check with your listing agent.... more