Contract signed, buyer decides not to sell condo

Write more clearly?

A seller penalty of 10% for breaking was in the contract? That sounds rare. If it's there, keep the heat on in court and advance it to collection stage.

Do you mean that the seller is not willing to refund the money you gave himwhen you signed the contract? I've only had contracts where the buyer forfeits his down payment if the buyer changes his mind (without a reason covered by the contract).

Why can't you enforce the contract?

Are you talking about getting your deposit back or an additional penalty? If the former, it would be customary for the money to stay in an escrow account until closing, so I'm not sure why it would be an ordeal to get it back.

Your post is very confusing. The typical contract provides that the seller's only remedy for a default by the buyer is forfeiting the deposit. In a residential real estate deal, a seller that defaults typically has no such protection, and the buyer may force a closing, or sue for damages. So, I don't understand what 10% you are referring to. If you were the seller, you should have the deposit in escrow and demand its release, assuming all conditions to closing were met. If you were the buyer, there usually is no "10% penalty" for a seller default. Could be, but not typical.

If you are referring back to your post of 5 months ago where you say the seller walked after you paid a $200K deposit, and you have not gotten the deposit back or closed, your are in some very serious legal waters, and need a lawyer immediately. http://streeteasy.com/talk/discussion/40294-i-got-fucked-over-can-i-win