The reason I don't have more cash is thanks to a former business partner and 5 years of litigation.

For sure these’s a fraud aspect involved- but prosecutors don’t want to spend time filing charges of criminal fraud in what’s more probably civil fraud cases- and lawyers only take cases (on contingency) where the potential judgement is large enough AND  the defendant has the means to pay.

Because going around the agent is just asking for issues and litigation since he is entitled to his/her commission through the contract, not to mention it would raise ethical issues...with this said it will automatically disqualify some of these deals because the seller needs to much to cover outstanding debts and their agents seller commission.

I use several different attorneys depending on what I am doing, I have a bulldog litigator, a tax sale and general RE advice attorney; a landlord tenant/collections attorney,; and I have one who is dirt cheap but is vary good that I use for all kinds of stuff the others don't handle.

@Alex Peters- Following this thread for additional ideas, but here are my thoughts:check bank account statements to make sure they have adequate reservescheck court records to assess litigation activity - both for the business entity and its principalsbusiness credit reportDo they have experience with other properties in Joshua Tree? 

I have 8 years experience in commercial construction, civil engineering, and project management, so hoping to leverage that skillset to help me.

I agree with @Nathan GesnerI've often found the ROI on litigation to be quite poor.

Based on a situation I am in right now that is difficult to discuss due to litigation, I would not tender funds at closing until everything is moved out and the house is completely vacant.

Of course, this assumes your client allows you to properly keep up the property, keep it well lighted at night, secure, and overall nicely maintained building and grounds; and your tenants are generally acting civilized.

I am a civil engineering major and have had several internships working for contractors, so I have some credibility running construction there.