Legal Question in Real Estate Law in New York

Re: Can't get our money back....

It depends on the what the contract says about risk of loss between contract and closing, the specific language and timing of your attorney's "time is of the essence" conversion letter and the seller's acts. If you properly demanded closing and took adequate steps to show that you were ready, willing and able to close, then you may be able to bring an action for specific performance to compel transfer of title or an action for an injunction to force the return of your deposit. I would need to review the relevant documents to be able to say whether either or both of those are viable options. The contract should be clear as to what your remedy is and, if you are entitled to your deposit, how to get it back. The escrowee (generally, the seller's attorney) can suffer real problems for holding onto funds in violation of the terms of the contract. What has your attorney told you? Feel free to call my office for an appointment to discuss this further.