I like Jacq. Roark, answer to your question...
I would add, the courts in Delaware will help you determine who is in breach of contract and determine who gets money...
I like Jim Woods, Esq. 302-235-5770 he is a good real estate attorney.
I wish better results with your next offer...
"once a contract is "out of contract", seller can put home back on market." that means seller agent received the termination letter through buyer agent - that's good.
That may/may not be the case. Out of contract just means contract dates have not been met. As James said the only person who has all the answers is your buyer's agent. Did buyer sign Release Agreement?
You have to go to the court that handles that zip code. Again, contact buyer's agent for information.
Hope this helps.
This seems like the neverending transaction (and some can be), but the bottom line is the buyer's agent should complete the Release Agreement to send to the seller's agent for the seller to sign. The seller can elect not to sign the form in which case, the buyer has to go to court to get his deposit back. As long as buyer/buyer's agent worked within contract dates, there should be no problem getting the deposit back. FYI - once a deposit is put in escrow, all parties have to sign to have it released, broker cannot release deposit without that signed agreement. Some sellers will not sign, but like I said, buyer will have to take it to court.
Also, once a contract is "out of contract", seller can put home back on market.