The agreement specifically allowed KeyGlee to use the End Buyer's EMD to secure the underlying contract with the actual seller... and to forfeit that EMD if the End Buyer failed to close.

If your contract states that "time is of the essence", you could have forfeited your right to break the contract and get your EMD back simply by not adhering to the dates specified in the contract.

Charge Rent - $1,699.00 $434.75 2/26/2020 ACH ORAM-2910BROUGHAM- JEA Bill Utilities-12/30/19 - 01/21/20 ($46.10) ($1,264.25) 2/18/2020 ORAM-2910BROUGHAM-2910BROUGHAM Simonds - Amerson-Ballard - Firi - Trombley Charge Turn Over Expense - $1,650.00 ($1,218.15) 2/18/2020 SD Forfeit ORAM-2910BROUGHAM-2910BROUGHAM JWB Property Management Check Bank Transfer - Security Deposit transfer for ($1,650.00) ($2,868.15) 2/18/2020 SD Forfeit ORAM-2910BROUGHAM-2910BROUGHAM JWB Property Management Check Bank Transfer - Security Deposit transfer for $1,650.00 ($4,518.15) 2/18/2020 ACH ORAM-2910BROUGHAM- JWB Construction Group LLC Bill Turn Over Expense- ($3,268.15) ($2,868.15) 1/25/2020 ORAM-- Craig Oram Nacha Export Owner Draw - ($270.00) $400.00 1/25/2020 Check 1.26.20ALL ORAM-2910BROUGHAM- JWB Property Mgmt Bill Management Fees- ($30.00) $670.00 1/1/2020 BT4G891LLA4 ORAM-2910BROUGHAM-2910BROUGHAM tenant Charge Rent - $300.00 $700.00

However, it does mean forfeiting the deposits which is tough to swallow. 

Most people never actually buy the home, so they forfeit the down payment and move.

I was one of the fortunate ones that was able to get out of the contract and after all expenses (forfeited deposit, legal fees, holding costs, etc) lost less than $20k.  

In our case, our lease specifies that if a tenant wants to break the lease early, they are required to pay three months’ rent as a penalty and forfeit their security deposit.This approach helps cover the costs of finding a new tenant and any potential loss of income while the property sits vacant.

The contract I could find says the following:```...together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said land for oil, gas and other minerals, and removing the same therefrom.And said above described land being now under an oil and gas lease originally executed in favor of [Oil Company], Chicago and now held by [Oil Company] it is understood and agreed that this sale is made subject to said lease, but covers and includes of all the oil royalty and gas rental or royalty due and to be paid under the terms of said lease.It is agreed and understood that of the money rentals which may be paid to extend the term within which a well may be begun under the term of said lease is to be paid to the said [purchaser], and in the event that the said above described lease for any reason becomes cancelled or forfeited, then and in that event, the lease interest and all future rental on said land, for oil, gas and mineral privileges shall be owned jointly by [owner] and wife and [purchaser] each owning & interest in all oil, gas and other mineral in and upon said land, together with interest in all future rente.This sale is made for and in consideration of the sum of Ten Dollars, cash in hand paid, the receipt of which is hereby acknowledged.To have and to hold the above described property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said [owner] heirs and assigns forever, and we do hereby bind ourselves, heirs, executors and administrator to warrant and forever defend all and singular the said property unto the said [purchaser] heir and assignee against every person whomsoever lawfully claiming or to claim the same or any part thereof

I was heading down a similar path and fortunately I cancelled my contract and forfeited my deposit. 

Saved a bunch in interest (roughly 85K) at the cost of HELOC interest (foretasted total of 3.5k) and forfeited interest income on the savings (minimal).