Getting deposit back from small claims court myself

[Zima Ba]

I sold my house unconditionally for over 1 million dollars in Mississauga but the buyer did not close or show any intention to close until the closing date. The deposit is $30,000. 4 weeks after the closing date, the buyer was able to sell his house and then sent me an amendment for closing date extension via my agent. I told my agent to tell the buyer to contact my closing lawyer which he never did.

I relisted my house right away but very little showings during holiday season and very low ball offers.

Its getting hard for me to pay for the bridge loan and mortgages and I want the deposit back first. Lawyers demanding around $5000 just to get my deposit back which is held in my agent's trust account. I want to go to small claims court myself. 

I believe I have to fill this form and attach APS https://ontariocourtforms.on.ca/static/media/uploads/courtfo...

Any tips and experiences on filing this claim please.

I will include a request in the application to allow me to sue the seller later on when my house is sold and all damages are known.

[Chris Seveney]

@Zima Ba

Is the buyer arguing about the deposit?

Would they still close on it now?

Not sure what escrow hasn’t released the deposit to you. Something doesn’t seem right