Earnest money not used at closing but not disclosed

[Cason Moore]

Had a buyer for our home put 2K in earnest money down. Closing date could not be met due to issues seling her home, which was not a condition of our contract. Extended closing with additional 2K earnest money, for total of 4K. Apparently lender forgot to source funds, and doing so would have missed second closing date. Buyers realtor had buyer sign form stating 2K not being used for closing 2 days prior to closeing, but did not give to us until after closing. We gave a lot of concessions and the delay caused us to have to bring money due to higher payoff (instead of original break-even date). If we had seen that mortgage company had not sourced funds, we could have negotiated to be made whole due to delays by her mortgage co. Now the buyer wants the whole 2K in escrow returned even though we were not informed prior to closing money was not being used. We also never got to see buyers statement which would have listed wrong amount in escrow field. This is in Ga market. Do we have a leg to stand on to have holder of funds give partial dispursement to both parties due to fraudulent handling of earnest money and ammendment?

[Wayne Brooks]

"Not using the $2k EM for closing" is not fraudulent, just a work around since they didn't source the funds. You have no claim to this whatsoever.....you chose to close as opposed to canceling the contract, and you did.