how do we go about getting all of our deposit back

The property we are buying has no FOL. we put a deposit down in Dec 06 and told the property would be butilt and finished June /Sep 07.In Oct 07 we asked the lawyer to get our deposit back because the property was not built or finished.The builder did give us a builders guarantee.
She told us the build was slow because of a change of Mayor and it was not the fault of the builder.The property was not finished until Jan 08.We told the lawyer we would not sign until the FOL was issued the lawyer then told us it would be ready in March. Then in June08 we asked about the FOL the lawyer said she was in reciept of it.
When we asked for a copy to be e-mailed the lawer said the builder had it and they would forward it.The Builder then said it would not be ready untill Sep 08.
We have spoken to people that have moved in without the FOL and they have told us that it won't be ready until Jan 09.
All we want to know is how we go about getting our deposit back because we are just sick of being messed about.
Any advice Marca

You can go and execute your Bank Guarantee now.

Best,

Maria

Thank you Marie for your advice. Do we now just ask our lawyer to exacute the bankers guarantee. if so what sort of cost if any will there be, and will we have to take the builder to court.Many Thanks Marca

Ask your lawyer about that. He/she can have his/her own fees and strategies.

Will do Maria We will let you know how we get on. Just one other thing is  the property classed as finished when its built or only when the FLO is in place Im sure a lot of buyers are confused about this.Thanks Marca

A property is finished when the First Ocupation License is in place.