I am happy to hear that you got your issue resolved and I agree with you 100% that buyers must enter every transaction with full understanding of what will happen if things don't go as planned. Having a knowledgeable agent represent you is imparative in every transaction, so there is an experienced professional who can look out for your interest.
I am hoping you entered into this puchase with the help of your own excellent Buyer Agent from a Commerical Brokerage. Commercial purchase is different then residential with fewer contingencies and buyer protections.
Your agent, or the office broker will be the best one to answer this question. All brokerages have legal departments which you may need to look into at this time.
You have every right to get your deposit back since it was contingent upon the approval for an access strip. I would recommend that your agent contact the seller's agent to resolve getting your deposit back. If that does not work then I would suggest for you to contact a real estate attorney.
Wish you the best!
Keller Williams Realty
Your agent should be all over the sellers agent and if they are getting nowhere, then take if up the ladder to the sellers agents office manager or managing broker. I am assuming escrow is still in possession of the deposit. If you contingency was still in place, then continue to contact the seller or their representatives and I would also suggest contacting an attorney. Once an attorney has reviewed and backs you, have them send a letter and that should rattle their cage a bit... the seller doesnt want to be liable for attorneys fees in addition. Good luck.
Richard "RJ" Kas (SFR, SRES)
"Representing the finest properties from Los Angeles worldwide"
KAS Properties - Coldwell Banker Previews International - Beverly Hills East
9388 Santa Monica Blvd, Beverly Hills, CA 90210
310.859-5334 office - 310.488.9826 mobile - 310-273-0670 fax ATT: RJ
RichardKas@gmail.com - http://www.RJforLA.com - DRE: 01352771
Sellers Buyers Investors Leasing Consulting
I'm not sure how it works in PA, but according to the CA Residential Purchase Contract, the seller could be subject to a monetary penalty if he/she refuses to sign the mutual cancellation agreement IF no "good faith dispute" exists. In my experience, when a buyer cancels due to his/her contingency rights, Escrow will draft the Cancellation/Deposit Release within 24-48 hours, mail to all parties for signature (most escrow companies require an original signature) and release the deposit (minus any fees) upon receipt of the signed agreement from all parties. This usually takes about 10-12 days. Is there a dispute about your cancellation rights? You'll want to call the Escrow company to find out exactly what the hold-up is and then comb through your Purchase Contract to see if there is a penalty that the seller would be subject to if the hold-up is on his/her end. Perhaps you could point that language out to help light the fire under the seller to get the Release signed.
SUZANNE (SUZIE) GLASER
LA VILLAGE REALTY
p.310.383.1141 | http://www.LAVillageRealty.com
RealEstateSuz@gmail.com | lic # 01390707
(a division of Power Brokers Int'l | lic # 01520327)
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
If the sellers are refusing to return your deposit, then you may need to seek the advice of an attorney.