Did not close seller refuses to return deposit

[AMMJMM]

What is the name of your state? NJ
I was supposed to close on a home on May 27. The seller waited until the last minute to have all inspections done to obtain certifications (termite, septic, well, roof) The seller was not satisfied with any of the findings and the costs of the repairs/certifications that would be required to obtain my mortgage. As the seller tried to determine whether he would pay for these repairs, our closing date passed. He now has decided that he wants to make the necessary repairs and close at a later date. In the mean time I have discovered that the seller was not truthful about certain things and I no longer wish to buy the home and have asked for my deposit back. His attorney has requested that the deposit be forefited and given to the seller. What action do I need to take to in order to get my deposit returned? Also, if they refuse to return my deposit and their lawyer takes legal action, can I file a petition of lis pendens?

[HomeGuru]

Originally Posted by AMMJMM

What is the name of your state? NJ
I was supposed to close on a home on May 27. The seller waited until the last minute to have all inspections done to obtain certifications (termite, septic, well, roof) The seller was not satisfied with any of the findings and the costs of the repairs/certifications that would be required to obtain my mortgage. As the seller tried to determine whether he would pay for these repairs, our closing date passed. He now has decided that he wants to make the necessary repairs and close at a later date. In the mean time I have discovered that the seller was not truthful about certain things and I no longer wish to buy the home and have asked for my deposit back. His attorney has requested that the deposit be forefited and given to the seller. What action do I need to take to in order to get my deposit returned? Also, if they refuse to return my deposit and their lawyer takes legal action, can I file a petition of lis pendens?

**A: time to level the playing field.