Going to Court Sooner than Later

[Samuel Larger]

I have been in contract with my first deal (buy and hold) since 5/20/14 with a closing date by 7/12/14. The seller, who is a broker (but not the selling agency), signed the property disclosure with no issues brought forward so I signed and went forward my inspection. At this point it has still been sight unseen until I accompanied the inspector. During the inspection there was 1 of 4 furnaces red tagged by the gas company, a perfuse smell of gas in a separate crawl space, leaking roof & crawl space, termite damage, structural & foundation issues. We renegotiated for a lower price or the seller would pay the cost of inspection. Three days till close my bank cancelled the loan process, however; my agent & the seller's agent found a loan office the next day that would carry the loan but needed 20-30 days for underwriting. 

My agent contacted the seller to discuss the situation and he was both unprofessional and uncooperative. He pulled his contract from the listing agent leaving both agents and myself hanging out to dry.

The seller had to have basic knowledge of these issues. My agent suggested we file a complaint with the state. Both agents are put down as witnesses with specific points & pictures from the inspection included.

So time for the real question: If the state sides with us, is it worth going to court

[Chris Martin]

Are you going to sue for performance of contract? I guess I'm trying to see what your goal is. Do you have a monetary loss, and what is your loss? It may be best to walk away... and file a complaint with the state's real estate commission (or whatever your state calls it).