In Georgia, earnest money disputes are typically resolved by:

The broker keeping the funds is never a legally permissible resolution — earnest money belongs to either the buyer or seller depending on the contractual outcome, and a broker who retains disputed funds for their own benefit would be committing conversion and would face license revocation and criminal liability under Georgia law.

Earnest money does not automatically return to the buyer simply because a dispute exists; the buyer must establish a contractual or legal right to the funds, and automatic return without agreement or court order would improperly prejudge the dispute in the buyer's favor without due process.

The Georgia Real Estate Commission (GREC) does not adjudicate earnest money disputes between private parties — its jurisdiction is limited to licensing matters and broker conduct, not the substantive resolution of civil contract disputes over funds.