You have to read the purchase agreement. Usually, the seller is entitled to an earnest money deposit (EMD), under certain conditions. But you don't have an EMD. Even if there are no contingencies, the seller must provide the proper notice to be entitled to keep the EMD and the buyer will have to sign the escrow instructions allowing the escrow holder to give the EMD to the seller.
So where does that leave you? You are in a negotiation with the buyer of an amount that should be roughly equal to your costs of taking the property off market, costs of the transaction, etc. This amount can't be so high that it's a penalty. Both of you will have to agree to how much to give to you and to the buyer. However, if you wrongfully withhold money owed to the buyer in escrow, then you can be held liable for damages.
What should you do? Try to negotiate a couple thousand dollars, but if push comes to shove, then give back the entire amount to the buyer.
Answered on Dec 24th, 2015 at 10:17 AM