Very sorry this happened to you but as always in sales transactions outside of a legitimate retail store or online operations, it's Caveat Emptor-buyer beware. I'm not looking to admonish you but why would you provide a deposit for something unseen?

This is a civil matter, not a criminal one. The seller is just another sleaze bag fraud artist. As the seller refuses to refund your deposit under misrepresentation circumstances, your only recourse is to sue for damages both real and punitive.

How much is the deposit? Will your legal costs exceed the deposit amount? If so, then it would just be plain dumb to proceed with legal action. Will a lawyer take your case on contigency if worthwhile to him/her? If so, it might be favourable for you to proceed in this fashion.

You, like so many others who have been victims of larceny, have learned a valuable life lesson. You likely will never be a victim again.