Seller Backing OUT

I'm attempting to purchase a home in Maryland.
The seller is using a contingency (sellers' purschase & settlement of a new home)to backout of the contract. The seller has not purchased a new home and does not want to sell. I've paid for an Appraisal and Home inspection on the home. Should the seller pay for the cost of these fees since I am not the one backing out? I have not signed a waiver on the contract at this point. I did put up earnest money which the realtor says I will get back. A lawyer told me to take the case to a Small Claims Court for the expenses & fees.

[HomeGuru]

Originally posted by 1stTimer
I'm attempting to purchase a home in Maryland.
The seller is using a contingency (sellers' purschase & settlement of a new home)to backout of the contract. The seller has not purchased a new home and does not want to sell. I've paid for an Appraisal and Home inspection on the home. Should the seller pay for the cost of these fees since I am not the one backing out? I have not signed a waiver on the contract at this point. I did put up earnest money which the realtor says I will get back. A lawyer told me to take the case to a Small Claims Court for the expenses & fees.

**A: you need to have an attorney actually review your contract to see the exact wording.

yes, I had a lawyer actually review my contract and he suggested I go to sue the seller in Small Claims Court for cost of Home Inspection, Appraisal and other expenses.

[HomeGuru]

Originally posted by 1stTimer
yes, I had a lawyer actually review my contract and he suggested I go to sue the seller in Small Claims Court for cost of Home Inspection, Appraisal and other expenses.

**A: did this lawyer say that based on the language in the contract, that the Seller is in default and thus you would be entitled to these damages?

yes, the lawyer I hired to review the contract says I should go to court although the wording of the contract does not specifically indicate "home inspection or appraisal" fees it say "expenses".
The closing date is May 24th, however the seller has sent a letter to my realtor saying she no longer wants to sell the home and is asking for me (buyer) to sign another agreement to void the contract. I am refusing to sign until I get my expenses back ($525).

[HomeGuru]

Ok.

thanks HomeGuru
i feel more confident already
1stTimer

[HomeGuru]

Did you have a first time yet using a Realtor?