Keeping the Earnest Money Deposit

[Jim Adams]

I put my house on the market on Friday. I had 3 offers by Saturday, accepted 1 and signed the contract, cancelling 7 showings on Sunday and declining the other two offers. Now on Monday, the buyer has cold feet and is backing out. Their contract, btw, had no contingencies. They waived appraisal, and inspection and said they'd take it "as is." I told my realtor that I want to keep the deposit but he said legally we couldn't pursue it. We haven't sent the HOA documents. I don't think that matters because they are already backing out, which is documented and has nothing to do w/ HOA. Has anyone ever pursued this in court? Did you win? Thanks!