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This is a question regarding the rights of the parties in a real estate sale of a single family home located in Cupertino, California. In this case the parties signed a binding purchase contract (CAR) on a Friday, October 3,2008. The purchase contract stated that the buyer deposit an earnest money deposit of $36,000 with the escrow holder (item 2A, pg. 1) no later than Monday, October 6, 2008. The contract allowed 10 days for removal of inspections contingencies, and 21 days for all loan contingencies. The buyer notified the seller on Sunday, October 5, 2008 that they were cancelling he contract. Question: Is the seller entitled to keep any portion of the earnest money deposit?