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Good morning. You do have a valid cause of action
against your seller. What you want to do is raise the stakes on them so that they know that not complying with your demands is going to cost them far more in the end than simply giving you your refund now. You should send your seller a certified, return receipt requested letter detailing the results and misrepresentations and make a demand that the purchase price be adjusted and he refund you the excess you paid within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice
actions, which will entitle you not only to your actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. It's not likely, however, that you would be able to prevail in your suit against Sears. You would be held legally responsible for what you signed. But, you would be able to add to your damages against seller any damages you suffered due to not being allowed adequate time to review due diligence documents, or if the documents were other than as represented to you by seller...such as the Sears contract...before being required to close.
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