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OP, if it comes down to legal, if your contract doesn't make your EMD refundable, I expect you will lose your EMD.
What you should hope for first, with no reference to attorney involvement, is good will from the builder.
I have had a buyer transaction canceled and their nonrefundable EMD transferred to another property.
Same builder. Moving the EMD was not in the contract. It was builder good will that made it happen. Also, it was in the same development.
What may complicate your request is if the National Builder is building as another entity, with separate books, in the other community.
I.e., National Builder Podunk City LLC, transferring EMD to National Builder New City LLC. Both National Builder, but separate subsidiaries.
Still, make a reasonable request without emotion or projecting any sense of entitlement, confirming your desire to build with the builder, just another community. Tell them how excited you are with their product, just wanting another location.
If you don't get agreement, you should take your request to the regional office.
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