Can I sue to receive the monies held in escrow?

While we were under contract our roof began leaking in out commercial property. Through our insurance we had a brand new roof put on. There was damage to the interior ceiling that was also to be fixed by the insurance company. The buyers did not want to wait and wanted to go ahead and close. They decided an escrow to be set aside of $20,000. Our real estate broker told us in emails that this would be released once they were sure the insurance would cover it. The buyer will not release the escrow and come to find out our broker mislead us. There are not stipulations in the escrow agreement and if we and they do not agree the buyer gets the money! They never planned to give it to us and our broker did not protect us.