You'd have given it a better chance if you had prepared the area better, removing grass and mulching.

While the tree roots may be alive, it is possible that the tree you purchased was grafted onto roots of a different tree. ( From the pictures I can not detect a graft point.) Since the leaves are growing very low on the trunk, it is possible that the leaves are coming up the base tree, not the one that was grafted on.

What does the branches near the top look like. Are they brittle if you scape a smaller one is it green and appear to be alive?

It appears dead at the top. It's & brittle. No, I didn't scrape the tree. I was afraid that I would damage it.

I think it is going to continue to grow for you. Personally, I would leave the dead top on there as a visual marker until the bottom growth gets going. That would be to keep others from crashing into it, especially with a lawn mower. Once the green growth has undeniable presence, I'd cut away the dead stuff.