Is a non refundable deposit usually split with the broker?

Pending the failure of the sale.
Pending local law. We are not lawyers here.

Just like deposits on a house purchase, when the seller receives a deposit and continues in good faith to sell the property, then something unusual happens to stop the deal, the deposit may be forfeited.
Something unusual does NOT include the failure of a survey or inspections.
When I sold one property, the buyer could not get financing, I refunded my half of the deposit, the real estate agent kept his half.
On another sale of another property, the purchaser came up with last minute concerns of city planning 3 days before closing. I kept half of the deposit and the realtor gave his half back. Oh, I was correct, Later the property value increased so much, I regretted selling it.

So, What was your deal that fell apart? What does your good heart tell you to do?

You are in CA I assume. Also I am assuming your Buyer signed final acceptance but did not fund and close which is why his deposit will not be returned to him. A purchase contract typically will not spell out specifically how a deposit will be disbursed but you should re read yours. It’s supposed to first cover actual lost monies directly related to the Buyers failure to perform. If the Surveyor was not paid for example. In the case of the Broker that would be loss of his commission. In your case obviously you still have the boat. Long story short yes on the rare occasion that it happens it’s usually split between Seller and Broker.

He’s also hopefully still going to sell the boat. There is no guarantee you will sell every boat you list, advertise, and show, and sometimes you have two or three deals fall apart before you sell a boat in which case you get nothing until you close. Splitting up a few dollars is an accommodation and better than nothing. Which is what a Broker often gets.

I urge caution on keeping a Buyer's deposit. Yes, it is generally split with the broker. In my 25 years as a broker, 200 plus yacht sales, I have never kept a deposit. Yes, I and my owners have been entitled on a few occasions, but it's a terrible thing to do to a buyer unless it is extreme circumstances. I am working with a buyer now who lost his deposit money. Legally, he was at fault, but not ethically nor morally. And he hates the broker and owner. Understandably. Why create this for a lousy 10%. We all lose deals and should be able to walk away with the loss and still smile when we look in the mirror.

Judy

As I said it is rare ...very rare, to have a Buyer lose a deposit due to a material breach of the purchase agreement. In fact I've seen more cases of Broker's unlawfully trying to keep a Buyer's deposit which in those cases they eventually cough it up and return it. Almost all purchase contracts in FL and CA contain an arbitration clause for disputes. So there is independent oversight and it's not necessarily as simple as invoking the contract clause. As with all business transactions it's best to be careful and know what you are doing before you do it.

The purchase agreements I am familiar with state that once the buyer formally "accepts" the vessel they are committed to close or loose the deposit. The boat and seller can be damaged by the buyers non performance depending on the specific circumstances when a boat goes from sale pending back to active creates a stigma.
Just so happens I had this great idea to replace my racing sailboat 2 months ago. Contracted, surveyed, accepted then found out what a nightmare it is to get the boat out of another country. I walked from the deal and for forfeited my deposit.

oh yea and yes seller and broker split the deposit according to the agreement but have the right to adjust the % if they elect

993: Did they advise you of the difficulties ahead of time? Did you think this was fair? Bet you're pis*ed about it. And what did the owner and broker gain? And what did they really lose? And was it worth it?

It seems to me that JWY is well aware of all legal obligations, and just pointed out other (i.e. ethical and moral) considerations.
Which you are free to ignore obviously, but that doesn't make you more professional than anyone else who doesn't.
BTW, it's easy to guess that whenever JWY refunded a deposit that could legally be kept, the decision was taken jointly with the seller.
And if so, your point is completely irrelevant.

It was not the responsibility of the broker or seller to coach me on the process. I signed a contract, accepted the boat then backed out of the deal. The agreement speaks for itself. My decision, my poor planning.