我想请教这里的大侠，我在纽约皇后区两年前买了个house，这个house有个violation，说原房主新建的游泳池没有加护栏。我买的时候护栏已经装好了。原房主说等房屋管理局(building department)来检验后violation就可以消掉。我当时照律师的建议的做法是由对方律师建了个escrow account,对方放了两万块钱，并写明原房主一年内解决这个问题才能拿回这两万块钱。可现在两年来仍没解决。原房主说房屋管理局一直不来检查。一个月前房屋管理局派人来查后说要在原来改建的申请上加个permit,另交$5000罚款就可以消掉。可原房主坚持不交罚款。因为现屋主是我所以罚款在我名下。我要求escrow account的律师将钱release给我，但他说他要原房主同意。合同的第三条要求他将钱在现在的情况下release给我。请问我可以直接告这个律师吗？还是只能告那个原房主？这个律师有理由等原房主同意吗？这件事是否必须去法庭解决？多谢了。下面是合同的内容：
NOW, THEREAFTER, it is agreed as follows:
1. Seller will deliver on October 3, 2008 to Escrow Agent the Deposit, to be held in escrow in accordance with the terms of this agreement.
2. The Escrow Agent shall hold the Deposit until receipt of evidence indicating said violations are cured or October 3, 2009.
3. In the event that Seller fails to cure said violations by October 3, 2009, the Escrow Agent shall release the Deposit to Purchaser upon receipt of the written request of Purchaser
4. Subject to the provisions of paragraph 2 above, the Escrow Agent shall continue to hold the Deposit until (i) in the event of litigation between seller and Purchaser, Escrow Agent shall deposit the Deposit with the Clerk of the Court in which said litigation is pending, or (ii) the Escrow Agent takes such affirmative steps as the Escrow Agent may, at the Escrow Agent's option, elect in order to terminate the Escrow Agent's duties as Escrow Agent, and shall deposit the Deposit in Court and bring an action for interpleaded, the costs thereof to be borne jointly and severally by Seller and Purchaser (iiii) or wait for the Court or both parties to direct.
5. Escrow Agent may act upon any instrument or other writing believed by them, in good faith, to be genuine and to be signed and presented by the proper person, and shall not be liable in connection with the performance of any duties imposed upon the Escrow Agent by the provisions of this contract except for the Escrow Agent's own willful default and gross negligence. Escrow Agent shall have no duties or responsibilities except those set forth
herein.
6. The Purchaser and Seller shall be jointly and severally obligated to indemnify the Escrow Agent and hold them harmless against any claim asserted against them or any liability, loss or damage incurred by them in connection herewith except as arising out of the willful misconduct or gross negligence of Escrow Agent. The Escrow Agent shall have a line upon the Deposit held by them hereunder for any claim, liability, loss, damage, costs or expenses, induding reasonable fees, which my arise hereunder. The parties hereby agree and consent to the jurisdiction of the Courts of New York, Queens County, with respect to any litigation arising from this Escrow Agreement.
