Broken contract

None, move on.
In all likelihood any action you take would have uncertain payoff and just cost you more money.
This may not be what you want to hear , but sometimes it is better to just move on and not compound the matter.

Practically speaking, riversider is correct imo. On the other hand, I'd make a lot of noise about demanding the seller pay your out-of-pocket expenses for breaking the contract and then see if it is possible to sue in small claims for those fees (not sure damages arising from breach of a contract for RE is within jurisdiction of the small claims court--it may well be, I just don't know). I wouldn't sue for specific performance of the sales contract (too much of a drawn out pain and meanwhile your plans are all on hold). But I would spend any number of nights necessary at small claims making his life difficult for his being such a jerk at my expense.

I agree with kylewest -- make some consequences. This happened to us a long time ago and when we did that, the guy straightened up right away and we ended up buying his house. It might not work out that way for you, but you'll feel better down the road, I think.

BTW, our former seller -- who was at that time an arrogant young jerk who had no clue that laws applied to him at all -- is now spending the next several decades of his life in a federal prison for embezzling millions from his employer. Even after all those years, it gave me some satisfaction to see his face on the front page of the Daily News.

If the buyers breaks the contract, the seller gets to keep the deposit. Wondering why there is no penalty for the seller. Is it because, the seller does not provide a deposit?

ues-shopper. Had a similar experience 6 months ago and really wanted that specific apt. after looking for several years. I did sue for specific performance and the seller caved in just as the case was about to be heard in court. I'm very pleased I didn't walk away. I would get the advice of a good attorney who will have a close look at the contract and advise you.

Do what AUS did ... talk to a lawyer about your options. I suggest the guy that Jonathan Miller has been featuring in his Miller Talk series, also quoted in the Times today: Steve Wagner at 212.481.9600. He's smart, practical and a bulldog. You might be pleasantly surprised at your choices.