It's been a month now, and there has been many run around. Thought I'd post how it's been progressing, and I do have 1 more question.
Initially seller seemed to try to comply to what's written in the contract. The only thing they were asking was proof of due diligence spending. We were able to easily provide proof of the inspection costs, but it took us a while to get a statement from our lender that they were not going to return our deposit that was used for appraisals. I understand that they were trying to protect themselves, and I am fine with that.
Next, seller seemed to talk to an out-of-state attorney friend who encouraged them not to pay back the due diligence costs, even-though it was clearly written in the contract. I am certain that they are not in attorney-client relationship, but just had some casual conversations. Not sure if the attorney even had a chance to read the contract.
Next, we wrote the seller that we'd like to settle the differences through a mediation, which is again written in the contract. We have given them a week to agree that they would go to mediation with us before we pay the mediation fees. They completely ignored us.
My agent is quite upset, and he prefers to pursue the case to the district court. The only problem is that I am out-of-state investor. I'd have to hire a local attorney to represent me, instead of me to just walking to a small claims court. All of this is just for $1200, and attorney costs would certainly quickly add up to more than that. I think the seller knows this and betting on me to drop the case because of that.
I believe that we have the case, because it's all written in the contract of purchase that we both signed. Now the question is, is it possible to sue for the refund and also for the legal costs? Otherwise, perhaps the smarter thing to do is to drop the issue?
Thank you much!