我想請教這裏的大俠，我在紐約皇後區兩年前買了個house，這個house有個violation，說原房主新建的遊泳池沒有加護欄。我買的時候護欄已經裝好了。原房主說等房屋管理局(building department)來檢驗後violation就可以消掉。我當時照律師的建議的做法是由對方律師建了個escrow account,對方放了兩萬塊錢，並寫明原房主一年內解決這個問題才能拿回這兩萬塊錢。可現在兩年來仍沒解決。原房主說房屋管理局一直不來檢查。一個月前房屋管理局派人來查後說要在原來改建的申請上加個permit,另交$5000罰款就可以消掉。可原房主堅持不交罰款。因為現屋主是我所以罰款在我名下。我要求escrow account的律師將錢release給我，但他說他要原房主同意。合同的第三條要求他將錢在現在的情況下release給我。請問我可以直接告這個律師嗎？還是隻能告那個原房主？這個律師有理由等原房主同意嗎？這件事是否必須去法庭解決？多謝了。下麵是合同的內容：
NOW, THEREAFTER, it is agreed as follows:
1. Seller will deliver on October 3, 2008 to Escrow Agent the Deposit, to be held in escrow in accordance with the terms of this agreement.
2. The Escrow Agent shall hold the Deposit until receipt of evidence indicating said violations are cured or October 3, 2009.
3. In the event that Seller fails to cure said violations by October 3, 2009, the Escrow Agent shall release the Deposit to Purchaser upon receipt of the written request of Purchaser
4. Subject to the provisions of paragraph 2 above, the Escrow Agent shall continue to hold the Deposit until (i) in the event of litigation between seller and Purchaser, Escrow Agent shall deposit the Deposit with the Clerk of the Court in which said litigation is pending, or (ii) the Escrow Agent takes such affirmative steps as the Escrow Agent may, at the Escrow Agent's option, elect in order to terminate the Escrow Agent's duties as Escrow Agent, and shall deposit the Deposit in Court and bring an action for interpleaded, the costs thereof to be borne jointly and severally by Seller and Purchaser (iiii) or wait for the Court or both parties to direct.
5. Escrow Agent may act upon any instrument or other writing believed by them, in good faith, to be genuine and to be signed and presented by the proper person, and shall not be liable in connection with the performance of any duties imposed upon the Escrow Agent by the provisions of this contract except for the Escrow Agent's own willful default and gross negligence. Escrow Agent shall have no duties or responsibilities except those set forth
herein.
6. The Purchaser and Seller shall be jointly and severally obligated to indemnify the Escrow Agent and hold them harmless against any claim asserted against them or any liability, loss or damage incurred by them in connection herewith except as arising out of the willful misconduct or gross negligence of Escrow Agent. The Escrow Agent shall have a line upon the Deposit held by them hereunder for any claim, liability, loss, damage, costs or expenses, induding reasonable fees, which my arise hereunder. The parties hereby agree and consent to the jurisdiction of the Courts of New York, Queens County, with respect to any litigation arising from this Escrow Agreement.
