Earnest Money deposit question - Florida

[Kirsten Mastro]

Hello everyone.

I am in the process of selling my first real estate property and I am making a go of doing a fsbo.  I have a question and I'm hoping some of you seasoned investors can help me out.

I had the deal under contract and the buyer pulled out for a bogus reason (didn't get his funding, never kept me informed, sent a text saying he would prefer to find something new, falling out with his agent, blah blah).  My attorney (and me) believe I am entitled to the earnest deposit.   But- surprise surprise he says he's broke and can't afford it.  I mention that his agent has the money already in escrow to which he informs me that she never deposited the check.   Before I call her I would like to gather my facts.

1)  Isn't she required to deposit the check within X days? I think its 3 in Florida.

2)  Do I have recourse against her or her broker if this wasn't done?

3) On a scale of 1-10, how dumb was I not to have my title company hold the deposit.  (don't answer that please)

4) On a scale of 1-10 how dumb was I to only get $1000 earnest deposit?    For this small amount is it worth pursuing.   Right now I want to for principle.  I feel that they took advantage blatantly.  And of course since it was many newbie mistakes on my part its a little embarrassing.

Thanks for any advice!!