I did say “may.” Usually what happens is the buyer sues and files lis pendens on the property. The seller then no longer has a clean title, and must complete th

I did say “may.” Usually what happens is the buyer sues and files lis pendens on the property. The seller then no longer has a clean title, and must complete the litigation in order to sell their property to someone else (months pass in this process). The seller usually wants to sell their house more than fight to keep the money of a recalcitrant buyer, and thus returns the downpayment to the buyer in full.