My first deal property seller didn't honor contract

[Jay Bob]

I had my first deal properly in contract for almost three months. The seller agreed to deliver the property vacant per our contract. I did my inspections, title survey and my loan was approved. However, I had to cancelled the contract because the seller couldn't deliver the property vacant.

Per my agent, the tenants refused to move out and stop paying rent. The seller took a legal action to evict the tenant but couldn't provide a time line when the tenants will move out and close the house. I live in NY and it could take about 6 to a year to evict someone.

My deposit was refunded. However, I was advised by my attorney that I can take the seller to a small claim court to get my legal and inspections fees back which is $2,235. Do I really have a legal ground to get this money?