Rental deposit

[Brandi Harrell]

A renter in NYC (Brooklyn) was approved for a apt. Deposit of one months rent has been paid. Signing, first months rent along with half of the brokers fee was to be paid this past Tuesday. Tuesday morning she received verbal noticed landlord was placing apt back on the market. Reason being her delay in gathering funds for an unexpected higher brokers fee than initially discussed. An error made by the agent. Agent is using this as grounds for reasons in terminating renter and states her deposit may not be refunded...is this legal?