Specific Performance is a dud; what now?

[Geoffrey Pierce]

Seller balked at closing then sold the lot to a 3rd party before out closing date even arrived. Consensus is that Specific Performance suits aren't worth it for this small of a deal (Still worth 25k to me). I'm told the "innocent" third party makes it unlikely a judge will vacate the sale and order seller to sell to me.

I previously clouded title with a memorandum when she balked and before the sale. My question is, is it worth leaving it until the buyer tries to sell or finance? Am I the a-hole for wanting at least my costs back, if not lost profit? How likely is a $5k or $10k recovery from the buyer to rescind the memorandum?