Only after a specified period of time (30 days in my state) can the broker unilaterally decide to award the EM to one party without the written consent of both parties.So, if the seller didn't agree in writing to allow the buyer to get the EM back, and the agent still refunded it, then most likely the agent never submitted the funds to the broker.

Is he also planning to award a verbal contract?

I know a Realtor who missed the sq ft of a home by more than 10%, she ended up paying for loss of wages, plane tickets, motel bills, meals plus an award for thier trobles as well as attorney fees and court costs.

We also have strict requirements for security deposits as far as separate escrow accounts, interest paid on it, documentation to try to keep any and if they get a free lawyer to fight it in court they can get awarded treble damages.Fyi I have been moving my long term investments out of state

If I was RE attorney with 25 years experience, do you think the judge would say, well, sir, If you were a re licensee I would hold you to a higher standard and award seller your emd, but since you are not a licensee I will award you your emd back.

Visa holders who are students will have documentation from their school, award letters and student-rental LLs usually collect rent up front for the school year.Do not change your screening process based on nation of birth.   

I have seen the courts award those "deposits" back to the tenants.

The Judge said it was just normal wear and tear and didn't award me damages.   

However, from this county's perspective, you will not get a judgement in Clarke County Magistrate awarding you "future" rent under the terms of an existing lease.

If there was an award for the best topic starter, you would be in the running!