Legal Repercussions for House Contract Back Out

[Matthew Rogers]

Hello,

I'd like to share my experience regarding a house purchase deal gone bad.  I'm going to try to be as objective as possible in order to not bias feedback.

My wife and I were under contract to buy a personal residence in the state of North Dakota.  One day my wife drove by and noticed the high end mailbox had been replaced and significantly downgraded. We contacted our agent and requested to be let back into the house to see if any other modifications had been made.  The selling agent replied that we would only be allowed one opportunity to do this, either the following day or the day of closing.  We viewed those terms as unacceptable and backed out of the deal.

We sent over a cancellation document returning our modest earnest money to the seller.  They signed the document, but lined out the clause that would prohibit them from suing us for breach of contract.  They initialed next to where they lined out that statement, but we did not follow suit.  The seller claims that we are in breach of contract and that we must buy the house or they will sue us for "specific performance".

Obviously, we are highly alarmed by this threat and have no interest in pursuing this deal any further.  The selling agent is continuing to intimidate us to follow through despite the fact that they put the house back on the market.  

The whole situation is confusing and scary and I'd appreciate any insight into what my position is.  I have consulted two attorneys who have stated that the law is heavily in our favor, but I'm still not reassured.

Does anyone have any personal experience with a similar scenario?  I can provide more details as needed.  Thanks in advance!

-Matt