Business ProfileforRE/MAX Plus

Good afternoon, Our family is relocating to New York due to a change in my husbands employment. We attempted to purchase a home in Fairport NY. Our financing was contingent on selling our home, however, our home in Massachusetts has not sold and therefore our financing fell through. The sellers of the home in NY will not release our deposit despite the denial letter from our bank. Also, we never signed a cancellation notice on the NY home and the sellers agent re-listed the home AND have an accepted offer with a new buyer. This means they are in breach of contract as they listed the property and accepted an offer while we were technically under contract. Despite our attorney and agent reaching out to the sellers attorney and agent the deposit will not be released. To add to the matters - we are unable to sell our home in Massachusetts due to recent events on "crumbling foundations" and there is media press in our own neighborhood about this as well. The link attached is our a Boston channel covering our neighbor 7 houses from us. We have accepted and LOST 3 different buyers due to this issue (we have released their deposits). So currently we can not sell our home AND we can not get our deposit back from the sellers in NY despite them breaching contract and getting a denial letter for our bank. We believe this is an ethical issue on the sellers agent and are seeking to file a complaint with the sellers brokerage Remax in Rochester NY. Attached is the purchase and sales agreement, the deposit agreement amount, and denial letter from our bank. Finally, I would like to state that this entire process has taken both an emotional and financial toll on our family. Given we have lost 3 buyers and still need to move to Western NY for my husband to keep his job it is imperative for us to get our deposit back - as it is our money and legally we are owed it. Thank you ****** ********** *************************************************