I'm not sure what the exact question is here. Do you have an agent? Is the home listed for sale by an agent or is it a For Sale By Owner? Depending on these answers, here are a few suggestions. Talk to your agent and then the agent's broker. If you get no where, talk to a good real estate attorney. If it's a FSBO, have an attorney demand the EMD back and then if all else fails, you have small claims court.