I'm in a pickle with an escrow with a risk of losing EMD. Need advice from everyone

[Hung Dao]

I was in a contract to purchase a home in SF Bay Area. I waived all contingencies with my agent suggestion. I made the EMD of $33k and was in the middle of financing. I got the appraisal done. 7 days after the offer was accepted, I got news that my company was doing layoff and I decided to back out. I got laid off a month later.

The seller doesn't want to return full deposit. I just found out my escrow has no other activity and there was another escrow opened. The home was later marked as sold in MLS.

What's my recourse in getting the EMD back? In case there's no agreement from both side, what would happen to the escrow? Will it ever expire and where does the money go?

I want to negotiate in good faith because I wanted the house but suddenly could not afford it. Is there any way to get my EMD (fully or partially) back?

Happy to answer any questions to help out. I'm really in a pickle here and it's stressful.

[Adam Martin]

I'm not sure how you would get your deposit back but am genuinely curious on why you think you deserve it. You both signed a contract and part of your offer was a guarantee of at least 33k on an accepted offer which is exactly what waiving contingencies does. You waived all your contingencies to make a stronger offer but if you can just get out of your obligation of your EMD than what good is it really. It is assumed that this would strengthen your offer and I bet it did which is why you did it. If you truly had no contingency I really don't think you deserve it and your personal work situation does not relieve you of your contractual obligations. I hope your work situation works itself out and wish you the best in the future and look forward to someone answering what happens if you all don't come up to an agreement but my bet is it would involve attorneys and litigation.

In all fairness this is a bigger rant than just your situation but in general I don't believe that people respect contracts as they should and are quick to hold the other party responsible but unwilling to look inward when the shoe is on the other foot.