if closing date has passed on escrow, can the buyer ask for the deposit back?

Melinda
Home Buyer
Baldwin Park, CA

I'm buying a house straight from the homebuilder. We opened escrow a while ago, but the close date has passed. Now the homebuilder has issued a Notice To Perform & a Demand To Close Escrow.
We really want to buy this house, but the homebuilder refuses to install a gas meter on the home. How can Occupancy be issued without the gas meter? So, if we decide to not close, can we get our deposit back?

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