I did not point out as well that EMD that are placed if the rescission is done per code there is NO NEED for the title companies to get signed mutual releases they are allowed to just release the funds directly to the buyer or seller per the new law..

If they are the 3M version and you are slow and careful on the pull off, they usually release but not always.

Not sure why you think its the listing agents responsibility to craft the release..

Most investors make the same rookie mistake: They focus on problems instead of people.
Telling sellers everything wrong with their house and justifying your offer with repair costs doesn’t build trust—it kills it.
...

I don't think it's worth it for you.

And your bank is not requiring any sort of paydown of the mortgage for a partial release. 

Texas added more new residents than any other state over the past year and now has a population of over 31 million people.According to estimates released Dec. 19 by the U.S.

@Jonathan Greene I think it's all about intent. 

Mitigation Strategies:Consider qualifying as a Real Estate ProfessionalGenerate passive income through strategic investmentsPlan property dispositions to release suspended lossesMake appropriate grouping electionsStructure leases to demonstrate active participationThe Bottom Line:Cost segregation studies remain a valuable tax planning tool.

Sellers should want a sentence in which the tenant confirms their security deposit will be transferred to the buyer, and the tenant will release the seller from liability for any deposit refund after the sale.