Wholesaler marketed the property too early

[Wesley Frye]

In September, I found a property I was interested in acquiring online. I put down a 5K EMD and signed a contract with a wholesaler to close in October. Three weeks before the closing date, the wholesaler notified me that the house was going through probate and that we could not close until the first week of December. If the property can't close in December, what steps must I take to get my EMD back from the title company?