@Sean McCluskey it is pretty normal that you forfeit your deposit if you cannot or will not close on time. However you should absolutely get your deposit back if the seller cannot close or give you clear title. Make sure this is in the contract, There are unethical jerks who would keep your deposit even if the seller didn't close because it was "Non Refundable"
I expect as a seller to get a $2000 deposit typically. Sometimes we accept $1000. I would not hesitate to put down $2500 as an EMD, but I am going to give it to the title company.
@Sean McCluskey we make our "non refundable" EMD subject to title clearing. If there are no issues on the sellers side and buyer doesn't perform then it becomes non-fundable. However if we have run title already and it has come back clear, then the EMD is just non refundable.