Are you saying that the sellers didn't sign the earnest money release and they're not giving you, as the buyer, back the earnest money? So now you're going to go after them legally and you think they won't be able to sell the home?
Well, you need to consult with an attorney first. You're earnest money will be given over to the State after 6 months, I believe, and it will take a while to go through the process.
My question is... Why did the deal fall through? That may be the main issue here.