What reasons would a builder not refund a deposit?

[Paul Winka]

I am trying to understand the position of the builder involved with a new build contract because they aren't telling me anything other than no when I asked for a refund due to a hardship, despite countless delays and getting the runaround. The deposit money is supposedly in escrow, and I believe they could sell my lots again to another buyer for possibly more money. I figure the deposits are in escrow and the builder is funded usings construction loans. 
Any suggestions on what might work to convince them to let me out of the contract because of a hardship?