Buyer's Remorse -- Forcing Buyer to perform

[Krav]

What is the name of your state? Idaho

I had a Buyer who backed out due to "defects" found in the Inspection. This was the only contingency he had in the contract. The "defects" he is citing are very petty cosmetic issues like a missing screen door and tiles that fell off the island in the kitchen. Everything can be remedied for under $250. and most of it already has been. I offered to lower the price of the home by a substantial amount because I KNEW the inspection wasn't the true reason for him pulling out. He refused my large monetary concession and refuses to close on the deal.

Can I sue him to perform under the contract? I currently have a small claims case open to retain the earnest money, which he is wanting back. I would prefer to sell the hosue and make him perform. Is this possible and what am I up against. The house is only 2 years old so I know the inspection "defects" he is citing is not realistic. From what I've read "defects" do not include "minor cosmetic blemishes readily visible during a walk through of the property."

Also, right before the inspection contingency it states "Buyer signifies that he has inspected the property, blah blah blah." So, given that, how can he later state that he is backing out because a $50 screen door is missing

 

[FlyingRon]

You can ask for specific performance, but it is rarely granted. This is why sellers usually insist on a non-trivial amount of earnest money and a have a liquidated damages clause in the contract.

 

[Krav]

Understood. Listen to this real quick. We moved out and are now living in a new house because our old house was under contract and expected to close within a week. Now that he backed out, we are stuck with 2 properties that we cannot afford. It looks like we may end up foreclosing on the house that he backed out of. Do we have a strong case to sue for damages since we are having to foreclose due to his failure to perform?

 

[FlyingRon]

Now YOU listen quick.
You don't foreclose, the lender forecloses.
You probably do have a good case for damages, but it would depend on how the inspection contingency is worded.