I am living in NJ. What your lawyer did is commom. The deposit always remains in the trust account until the closing. It is hard to contact lawyer in the whole process unless you are lucky enough to find a very good one. The buyer in NJ can walk away anytime if they want without any penality. Basically, the seller can't get the deposit if the buyer draw back. It is the waste of time and money to sue the buyer. Next time, if you sell by own, you may use a title company instead of lawyer. The title company will do the whole process and it will be much cheap.