If you have a buyer's agent represening you, they should be able to walk you through what happened with the contract signatures etc. If you don't have an agent representative and maybe even if you do, it sounds like you should run this by a real estate attorney. They can analyze your siuation against contract law and tell you what your rights on in regards to your earnest money. If the builder is in the wrong, communication coming from an attorney will likely carry much more weight and get the builder to act in releasing your deposit.
Your buyers agent should be able to refer you to an attorney they work with and trust. If you aren't working with an agent, you are welcome to contact me for an attorney referral.
Allen Tate Realtors
You are welcome to call me directly so that we can discuss in detail what took place and perhaps determine if you can get your earnest money back or not.
8604 Cliff Cameron Drive
Charlotte NC 28269
I guess your agent failed to forward you a copy? If so that doesn't mean there isn't a ratified contract.
Why aren't you completing the purchase?