Buyer's deposit claimed by seller??

[Elvis Occ]

Seller does not want to continue with the transaction because it's taking too long however seller syas that she should keep the deposit because of the economic loss caused by the botchered transaction. After a couple if calls we agreed that she keeps 1/3 of the deposit. That is not all, I know that her Agent will share with her. How can he do that? Is it legal? Does escrow cuts two different checks?