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You would file this in state civil court as a Breach of Contract case seeking specific performance. You can file this suit at any time the Seller has indicated Seller is not going to close; if you don't know until the closing date, you can file it then. As soon as your suit is filed, you will want your lawyer to file a lis pendens (fancy name for a lien) on the property to prevent the Seller from doing anything with the property until your suit is adjudicated.

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