I'd be surprised if you get your money back. You'd likely be an unsecured creditor in the back of the line in the bankruptcy court. I'd do my best these days to put any deposit in escrow with a title company and ask for an upgrade costs to be included in the purchase price.

The builder I was working for did give back the deposits. I would agree that if they don't I would take with a Real Estate Attorney.
J

I am not an attorney and you would need one for this -- but in the past -- in this area -- the way most builders contracts are written. You would join the unsecured creditors in any action.

Just what I have seen as what normally happens in this area please contact an attorney to protect your interests.

Of course I meant if the builder goes out of business!