If the earnest money was supposed to be deposited or paid within a certain time period and it wasn't, it is likely that the contract is invalid now. To be sure, you should have the contract reviewed by a real estate attorney or real estate broker if you cannot afford an attorney.
This information does not create an attorney-client relationship nor does it constitute legal advice. Evaluate this information and independently decide how to proceed. Consult an attorney who practices in the county in question.
You really need to talk to a local real estate attorney now. The fact that he hasn't made his required earnest money deposit is a default, but not likely to be an automatic cancelation of the contract. Check Avvo for a real estate attorney in your local area and call them now.
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You have the right to immediately demand adequate assurance, and it sounds as though you have a more complicated agreement than just sale of your home. I agree with the other attorney that recommended you consult with legal counsel.
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