I can't tell from your comments whether your real estate agent is holding the earnest money or if there is another agent involved who is holding the earnest money.
The amount in controversy probably does not justify getting an attorney involved unless you can prevail on one to simply write a letter to whatever agent is holding the money demanding a return of the funds. That will sometimes work.
Failing that, you probably have two possibilities remaining. One would be to lodge a complaint with your local Board of Realtors. If you live in a community where the Board of Realtors is large enough to have an active and concerned Ethics Committee, there is some possibility that the committee would investigate and help to resolve the matter.
Finally, your state probably has a Small Claims Court - a court to hear small claims -- claims too small to justify retaining an attorney but where a judge would hear the complaint and render a judgment just like a regular court would -- but it is handled in a more informal manner. It is doubtful the real estate agent holding the funds would be willing to risk the publicity resulting from a judgment by the court. If you go this route, you would obtain a complaint form from the clerk of the local court. The clerk's office may or may not assist in filling the form out.
Answered on Aug 11th, 2012 at 2:12 PM