Easement not disclosed, want to terminate contract

[Max James]

A co-worker of mine is in a sticky situation.

He is currently under contract to purchase a home which has an easement on the property that takes up about half the yard and is a deal breaker for them.  The problem is that they discovered this easement after the home inspection and addendum was signed.  After discovery, they contacted the seller and said, "hey, this is a deal breaker, we want to release ourselves from the contract".  The seller said, "NO" and now they are looking to go to court to settle this issue.

Does anyone know or have any experience in regards to whether or not it is legally allowed to terminate a contract based upon the non-disclosure of the easement?  The current owners have a garden growing on the easement and it looks as if it's their own property.  However, the garden is technically illegally growing and it's now technically a title defect.  

Does anyone know if they have the legal ground to terminate this contract?  If the sellers agree to "fix" their garden and correct for the title defect, but end up not getting everything fixed by the closing date, can the buyers back out due to the fact the sellers are delaying closing?
Thanks!

[Christina Carey]

@Max James - please call me. My husband's (Darrin Carey) response is not entirely accurate - the part about the Cincinnati purchase contract, specifically. Also, there are too many other nuances for me to accurately explain by typing here. My phone number is in my profile.