Newsflash: Seller not releasing earnest money after cancel… $33k!

In CA using an agent and builder, I had a lot in escrow with $33k earnest money. The builder asked an extension which was granted. We learned the setbacks on the lot required us to move the house to a far less desirable spot and ultimately cancelled. Seller is now refusing to sign and return earnest money even though lot is back on MLS as available and we never released contingencies. What is the best course or action and worst case scenario? Them holding earnest money is preventing me from pursuing other homes and projects



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