Legal Question in Real Estate Law in Illinois

Did'nt get financing,; want earnest money returned

We were trying to purchase a home and put up $2,000.00 earnest money. We were told initially (by the mortgage company)that we had to put down 10%. About two weeks before the closing the mortgage company told us that our credit status changed and that we now had to put down 15%. We could not afford this and informed our realtor as well as the seller that we would not be purchasing the home. We informed them long before the closing date and requested the return of our earnest money.The sellers put the home back on the market 2 days before our original closing date at $2,000.00 more than the price we were planning to purchace for.When we asked for the return of our earnest money, the sellers claimed that we broke the contract agreement. We spoke with the realty attorney that read over the contract prior the the cancellation and she told us that we were not in breech of the contract and were intitled to a return of our money. The sellers upon the advice their attorney still refuse to release our money. The only thing they agreed to was returning $500.00 of the money. We also know that they currenlty have a deal pending for the sale of this house at $6,000.00 more than the original selling price. Do we have a small claims case?

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