How can I get my deposit back?

[jgruskinny]

FLORIDA
I entered a contract to purchase a condo. Contract approved and disclosure filled out by real estate attorney husband of one of owners (estate owned). Disclosure clearly stated that there was no recreational lease. Day before close, mortgage approval withdrawn because of rec lease and bank wouldn't close. Seller refused to refund deposit ($20,000). Offered to split just to get rid of problem, but attorney-representative refused. Hired attorney, spent $2,000 so far, owners offered $2500 settlement, said no. If a realtor in state of Florida had misrepresented property in this way, deposit would be returned and license could be at risk, but this is a case that cannot be fought without civil litigation, paying for an attorney, and $20,000 is not enough $$ to litigate. Only advice FL Assoc of Realtors could give was complain to the state Bar Association. That is not going to get me any $$ back. Can I complain to his law firm? Can I threaten to contact the Bar Association to spur some action? How can I lose $20,000 that everyone says is obscene, ridiculous, and unbelievable because the attorney is a rotten human being and refuses to be reasonable? Is this justice? What to do next?

[dmiller12]

When you wrote your purchase agreement, wasn't the contract contingent upon your ability to obtain financing? If not, it should have been - especially with a $20,000 earnest money deposit.

Based on your explanation it sounds like you had the wrong attorney draft your purchase agreement. Would you have the prosecuting attorney defend you in a criminal matter? That's what you've done here. But, you know that already.

Can I complain to his law firm? Can I threaten to contact the Bar Association to spur some action?

I would do all that and more. I wouldn't only threaten, I'd actually take action. Get a consultation with an ARMS-LENGTH real estate attorney.