If a.) I don't actually want to back out and b.) I mention that I am more than willing to use arbitration to get my earnest money back?

I hear arbitration is a joke and they almost always rule in favor of the builders (the ones who keep them in business!)

If they choose to back out of the deal after I only threaten to, am I entitled to getting everything back?

I really don't want to back out, but I need them to fix things that need fixing, communicate better, and to stop sucking so much at building.

Closing is set for August 21st.