My home sale did not go through due to that buyers lied on their down payment (They promised to put down 3.5% for FHA loan but they never had these money. Instead they tried to secure another zero down payment loan without telling us and failed due to their income is too high). The selling broker disbursed the $5000 earnest money to the buyers although we requested several times. Since I did not receive earnest money as the liquidated damages, can I sue both of them for actual damages?
Thank you very much for your help!