Hoping to get some advice from anyone who has real estate experience; whether you've sold or bought a home, or are a real estate agent or a lawyer, etc.
Here's the situation. I recently had an offer accepted to buy a home. Contract signed and all. The home was listed at $250k; we put an aggressive offer over asking with a $5k appraisal guaranty. Not to mansplain, but if the home appraised at $255k, I would then have to pay $260K with that guaranty. if it appraised at my full offer, I get to keep that check.
Sure enough, the appraisal came back exactly at the listing price, $250k Good for me obviously, lower mortgage, but bad for the seller.
The seller is now threatening to back out of the deal since it didn't appraise high enough. We bowed to their wishes and appealed the appraisal, but the appraiser denied our appeal.
I know home purchasing contracts are contingent upon the appraisal price, and I believe they have the right to back out. However, my question is:
Am I able to sue for financial damages if they do in fact pull out of the offer? I put the appraisal guaranty in there because 1) that's what this insane market is dictating for competitive offers and 2) literally in case this happened; it's a safety net in the event that the appraisal comes back lower than they seller thought.
I'm out about $1,100 between the inspection and the appraisal. Does anyone have any insight as to whether or not I'd have a legit shot to win a case for the financial loss + court fees? I'm not suing to hold them to the contract, but just for the money I've spent based upon our signed contract.
Any advice would be greatly appreciated. I don't have many close acquaintances with experience to lean on here.
PS: The funny thing is, the selling agent said that if they could get $5K more on the appraisal, they'd be willing to sell. I think I'd have a shot at keeping the home if we threatened to sue and they realized $5k extra could become only $3k pretty quick if they lost the case. But I have to know if I have a legit shot, or if I'm it's just wishful thinking.
Obviously there's a chance they would back out of the sale if we took that drastic step and played hard ball.