Seller doesn't release deposit and threaten to sue buyer for not buying a house

A

a242903

Guest
Jurisdiction
New Jersey
Help! This is still on going!

After attorney review, buyer put the 60k deposit to attorney's trust account and performed the inspection. As a result, the home has water issue (Poor drainage, most of the backyard is muddy, natural water flow from the back to the front toward the foundation along with the heavy clay composition of the soils causing basement leakage and indication of continued settlement). The inspector says there is a great chance that I will never resolve this wet land issue. There is too much uncertainty to swallow, so I decided to walk away within 7 days. There is no response from the seller. In the mean time, they held several open house in the following Sundays. After 4 weeks, the house is still on the market nor my deposit is still not release yet. Then my attorney threatened to file a lawsuit. The next day, the seller sent us another inspection report saying that the issue could be solved and offered options to repair or credit. I did not accept it because I believe my version of inspection report and I don't want to take risks. Now the seller is mad and threaten to suit us for not buying his house.

This is just frustrating to getting involved in this mess. My money is still not released and I can't continue my house hunting (my son is going to school this coming fall). How do I get rid of this mess? Any suggestion is appreciated!!
 
Lawyers charge by the hour. The average rate is about $300. Lawyers will want a retainer of a few thousand dollars to get started.

It could take many months and many thousands of dollars to run this through the courts or the seller may cave as soon as he is served the lawsuit.

It's remotely possible that a lawyer will take this on a contingency where he gets paid a percentage of what he recovers, you'll just have to call around and see what kind of deal you can get.

Bottom line, with $60,000 at stake, you MUST have an attorney file the lawsuit if you have any hope at all of getting the money back.
 
Nothing is worth coughing up sixty large to reserve the right to buy.
Survey aside, walk if someone demands that much money up front.
Never do any deal where you're deeply invested on a promise.
 
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