Am I going to lose my Earnest Money?

[Scott Pillsbury]

I was about to close and the bank (Better. com) denied me for not having a long enough work history.  We went over this many, many times and I wrote a letter explaining my work history working as a yoga instructor and volunteering my time to get my hours to get certified.  I now work for a company for over 6 months with steady income and they denied me 3 days before closing.  Now I'm trying to get my Earnest Money back of 10k.  Yesterday they went contingent with another person to buy the same house.  They are offering to take 7 and give us 3.  We offered 1500 and we get 8500 back.  Now they are offering 5 each.  This was not my fault and shouldn't I get all of it back?  Does my lawyer have some work to do to get it all back?  Do I need to go after Better?  Do I get my Earnest Money back?