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They are in breach of the contract and you are entitled to 100% of the cost. If they want to force you to file the suit, then do just that, but let them know not only will you be seeking your damages
, but all your legal costs of the suit. Furthermore, let them know you will be asking the court to award you punitive damages due to the seller's intentional bad faith. They're just thinking you won't do this, but you should because filing the suit will give you give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and sellers don't then pay the judgment, you can have the sheriff serve a summons on them for a debtor examination. That forces them to meet you in court again and answer questions under oath about their assets. After that information is obtained, you have the power to garnish wages (unless you're in TX, SC, NC, or PA), attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead
property they own to satisfy the judgment. In my experience, however, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons they are being sued, they will settle this to avoid the additional costs and expenses of defending a suit they can't win.
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