Need urgent advice from all sifus. I am a first time buyer and got cheated by the agent as well. Now risking my earnest deposit because the agent kept telling me that it's not refundable. Based on the below points, can you advise if I have a chance?

1. Agent said can get 90% despite the fact that the property is under commercial title. I checked with most banks and the reply is 80-85%. My loan approved for 85%.
2. Valuation, again he promised sky and moon and the highest valuation is only 90% of the purchase price.
3. 50% Stamp duty waiver does not apply to commercial title while he said can. After checking with the lawyer, the answer is no.
4. Assessment tax and quit rent, he told me assessment tax is RM400 per year. Based on the assumption of RM1200 rental per month x 12 months x 12%, it is much more than RM400.
5. I had wanted to insert the clause that the deposit is refundable if loan is rejected but he insisted that I can't put it down as it is not a standard clause. Being an inexperienced first time buyer, I let it go.

I have already written to the agency but have not received any reply and plan to take the matter up to Consumer Tribunal.

What do you guys think? This is a clear case of misrepresentation by the agent right? My challenge is that most of the conversation are verbal, how do I prove my case?