Can I get this deposit still?

[Terry Royce]

A few months ago, I faxed a contract to a buyer. I had a flex option with a seller bc they wanted a 1k deposit.

My buyer was dead set on getting this property, so i put a contract on the property and put the deposit down, and my end buyer signed and faxed back the contracts.
Problem is he changed his mind after he signed them, so I never got the deposit and ended up loosing mine.

I would like to get my 1k deposit from the guy, but is there anyway? He said because he never placed the deposit the contract was not binding, even though he signed the contracts.

Do I have a case to take him to small claims?