Who keeps the EMD???

[Alex Sky]

Hello, Who would keep the EMD in this residential real estate scenario? Here’s the sequence of events: - all buyer contingencies EXCEPT Loan contingency were removed - Loan CR removal date was 9/21, buyer didn’t remove - seller sends buyer a notice to buyer to preform to remove the loan contingency on 9/25 - contingency wasn’t removed - COE DATE SET to 10/01 - On 10/03 buyer sends cancellation of contract pursuant to not being denied for a loan - On 10/03 but after the delivery of the cancellation of contract, the seller sends a demand to close set for 10/08 Who keeps the EMD? ** The contingency was never removed and cancellation of escrow was sent by buyer before the demand to close was sent by selIer.