Breach of Real Estate Contract

[jake11]

I signed a contract to purchase a New home in Missouri. Due to many factors I made the decision that I could not buy the property at this time, so I informed the Real State Agent. In the contract we agreed that the construction company will provide a fence, blinds and pay for a portion of the closing cost.
Now I am been charged over $15,000. The construction company wants me to pay for the pipes, sewage, fence (which is not installed on the property), sod (not on the property), Flooring (which it was already on the property during the showing), and carpet (the real estate agent showed me the carpet they were installing and asked me if i wanted a different one, which I went with the one they were going to install)
The real estate agent informed me today that she asked the construction company to signed a release and keep the earnest money, but they won't.
I consulted with a military JAG and the advise was to wait to get a lawsuit against me. I understand that by breaking the contract, there is consequences, but I had no idea that I would be liable for charges that are part of the construction of the property.
Please any advise and guidance in this matter is greatly appreciated.

 

[army judge]

You've already received the BEST legal opinion possible from JAG. A demand for payment is meaningless. A demand letter is simply a way to extort easy money from you.

You haven't been sued. And, a lawsuit doesn't mean you owe anything. It means only a mattrer is disputed and one party believes a contract was breached by another resulting in a belief that one person owes another person money.

Even if you lose a lawsuit, there is no way that you can be forced to pay. Why not? Because the person who prevails in a lawsuit only receives a judgment. A judgment that says A owes B some amount. Then A has the humongous task of trying to collect on that judgment.

That isn't easy. The court isn't going to take money from B to give to A. A has to enforce. (collect) his judgment. Take my word for it (as a lawyer) that isn't as easy as it looks on Judge Mathis!

Relax. Sit back and wait. Only a stupid person acts when there is no necessity to do so. Wait!! The fat lady isn't even in the stadium, yet!!!!