It is difficult to give a definitive answer without all of the details, but from what I gather it would be difficult to claim a loss or startup costs without closing on an investment property. In general, investigation expenses and participation comes into effect when you close. Here is the excerpt from the IRS I am basing my answer off of.
Section 1.165-1(b) provides that, to be allowable as a deduction under § 165(a),
a loss must be evidenced by a closed and completed transaction, fixed by an
identifiable event, and, except as provided in § 165(h) and § 1.165-11, actually
sustained during the taxable year. Section 1.165-1(d)(1) provides that a loss is treated
as sustained during the taxable year in which the loss occurs, as evidenced by a closed
and completed transaction, and as fixed by an identifiable event occurring in such
taxable year.
If anyone else has a recent example of how they claimed this type of loss please let me know.