Seller won’t return EM

[Josh Holley]

Long story short - James Wise has an awful reputation here in the Cleveland area, but I have bought properties from him before I proceeded with another. Title came back with an encroachment. The roof is over the next door properties property line. Seller owns that property and wanted to provide easement, but lender said no. They will only accept if roof is torn off and redone. EM is $5k on a $120k duplex which I knew was a red flag during negotiations, but proceeded anyway as I needed to add a few more properties end of year. We have tried multiple times to reach out to James and his brother but he is blaming the seller, stating he won’t sign the release. It’s also become evident the seller knew of the encroachment prior to listing. I have an attorney at a downtown Cleveland firm and I’m wondering if that’s my option to get the EM back? Contract is very clearly and states that if seller cannot produce a clean title than EM is to be returned to the buyer. Any help would be appreciated before I pay attorney fees on this one.