I suspect that you have thrown your question out to the community to find out if there has been any precedent set in previous cases on which to determine whether it would be worth your effort to pursue this matter.
Some other questions you may wish to pursue are ... how "leaded" is the property? The LL is legally obligated to delead the property upon the birth of the baby AND obligated to house the tenant if displaced during the deleading process. The LL can not back out of the lease just because the tenant discovered she was pregnant. That would violate MCAD laws. A real estate professional can NOT lease out a leaded property to a tenant with a child under the age of 7. Seems to me that these would all factor into the case as well.
Best of luck.
As someone else mentioned, the agent has time and money invested. The owner may have taken the apartment off the market and any backup offers may now be gone. Paying a one month fee to get out of a deal is a good deal for you.
It's up to the agent if they want to let you out of the deal.
Generally, and I feel you could agree that it makes a lot of sense to forfeit the fee. Consider your situation. 1) you only recently found out you were pregnant and clearly changed your intentions. This is not stemming from anything the LL or agent did. (unless it is a paternity case LoL) 2) in all likelihood both the agent and the LL went to added time and expense to prepare the property. And the LL may have taken it off the market. Frequently the LL will miss at least one months rent because of the tenants change of heart. 3) it generally takes 10 months to have a baby, so if you recently found out about the pregnancy you could still move in for 9-10 months, probably 12 unless that baby is a very early crawler or can eat solid foods in the first 3 months.
For the court approved answer you would have to go to court with all the documents the applicant signed and be sure of what that application agreement said with regards to return of the fee.
The answer--contained for certain in the agreement--is "probably yes."
You say there was never an executed lease. OK. So? Read the signed agreement to see what the proposed tenant agreed to.
The question isn't (here) whether there was a "deal" in the form of a lease. The question is whether there was a "deal" in the form of an agreement where the real estate agent was owed money if he/she performed certain services.