Earnest Monies Refund

[Grace Harrid]

I signed a contract to purchase a house with a contingency of my current home selling. My buyers cancel contract their contract due to a needed extension for title. So, I had to cancel my new home purchase contract since I no longer had a buyer. The seller is refusing to give my EM back even though I had a contingency to sell first. He is claiming "extenuating circumstances" without stating what it is. However, "extenuating circumstances was not apart of oir contract. He add No contingency on His end. I had already paid and completed VA Inspections, VA appraisal, Termite ins, roofing and foundation inspection. The seller/brokers/agents are not responding and will not sign off on Release of EM that is sitting in escrow with title company. The seller ir his agent won't even respond to title company emails asking about the release of EM. Seller broker said seller is thinking of mediation but its been 17 days since contract been cancel. He has not filed and currently have house back on market with an open house tomorrow. How do I go about getting my EM back? Is He allow to sell while withholding my EM? Can the Title Company release the funds to Me based off the cancel contract according to the Contingency? How long can the title company in Oklahoma City hold the funds when He refusing to answer their calls or emails?

Thank you,

G. Harris