Earnest money check bounced and buyer backed out

[Dave Jones]

I'm selling my house FSBO and the buyer gave me an earnest money check made out to me. For whatever dumb reason, I held it and didn't deposit it for a few weeks.

Right after I attempted to deposit it, the buyer backed out. This was also PAST the window written in the contract when he was allowed to back out without penalty.

The next day, my bank notifies me that the check didn't clear because his account was closed. He claims it was due to him closing the account because his truck was broken into and checks and other personal material was stolen.

He claimed he was going to send a new check, but that hasn't happened, and he's stopped responding to me.

What are my best options at this point to collect the earnest money that he owes me contractually? This is on a property in Texas.

Thanks,

Dave