Not a lawyer, this is not legal advice.
@Bryan Stocklas I'm in PA/NJ, had a seller say he was going to sue me for the time spent not being able to get a loan secured due to a flood plain.
I told him...bring it, dude. What do you want, my 1000 EMD? It's yours, you big fat baby. Or just hold your horses so I can try to get a different broker to get me a loan. He's screaming and complaining, I'm laughing him off.
6 days later I found a broker willing to loan, we go to table 45 days later.
People do this stuff all the time. Unless you're served, you're not served. And if people really are complaining with EMD on the line, just forfeit the EMD and walk away (assuming its 1000). If you can't afford the 1000 EMD loss than you probably aren't playing in the right sandbox. But a judge would see a forfeit of that and laugh their stupid case right out of the room.
Or, just find out what this amp service replacement will cost and just get it done. I mean, what's the number at the end of the day, $2,000? If the deals a deal than what's a $2k investment that won't mean anything 6 months to a year from now for you?
Seriously...look at the facts of the situation. You haven't been served, you can't get a loan because of the amp service, ask around further to get coverage (I'm sure you can), get a quote for the cost to upgrade either way, and either negotiate with him to split, cover, or GTFO and let him take your EMD if necessary. Non-issue.