Buyer Default on Contract Day of Closing.Can I Keep Down Pymt without Going to Court?

[Delicia M.]

On the day of closing, the buyer decided they want to back out of the contract for no substantiated reason.  The buyer wants their $50K downpayment back. My attorney is advising that I take $10K out of the $50K down payment then re-list the house. I'm pissed. I feel like I should be able to keep all the downpayment. My attorney says we would probably need to go to court which could take years and a lot of money. I've never sold a house before. Please advise. Should I take the $10K or fight it in court?