How do I get my earnest money back? Texas

I was the buyer. My commitment and exceptions document was not sent to me 3 days prior to closing date per the contract. My final pre-closing documents from the lender were also not sent to me 3 days prior to closing. I backed out of the sale. There's more but these alone allow me out of the contract *with* my earnest according to the 4-to-1 residential sect 6.B.: COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer.

How do I go about getting my earnest money back? The seller believes I've breached the contract by backing out and won't sign off on the release of earnest money. Now what??

Posted Dec 1, 2025, 7:00 PM UTC

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