You can either get the vendor to refund it back to you simultaneously upon handing over of vacant possession at the end of the transaction OR even simple would be to incorporate the deposit in the purchase price, i.e. it will be deducted from the balance purchase price [BPP] and be deemed to have been paid to the vendor. Something along those lines. Your lawyer ought to know how to go about it. The second option is better as you still take a gamble if the vendor fails to pay you at the end of the day. Better just deduct from BPP.