The seller may not have to return the deposit. If the buyer cannot or will not go through with the sale, even if due to factors beyond their control, the seller typically keeps the deposit. In the case of financing falling through, the seller wpuld onky have to return the deposit if there was a "finance contingency" in thr contract--a term or provision stating that if you could not get financing, you'd get your money back. If therr was such a contingency and all its requirements or conditions were complied with, then if the seller will not return the deposit, you could sue the seller for breach of contract for its return.