Can i get my $5,000 non-refundable deposit on an rv park model back because the park owner sold that specific house to another party without permissio

This contract has specifications covered by the north carolina commercial code which i believe gave me three years to pay. the owner got the certificate of occupancy about six months later and sold it a couple of months later. i was visiting the property at that time and was stunned when he told me he had sold it that day. he claims he had called me that morning and i said it was ok to sell it, which is totally untrue. i feel that he broke the contract and therefore the non-refundable clause is null and void. we will be in small claims court next week. please offer any advice or suggestions or information.