Okay, then someone in your situation may be able to argue anticipatory repudiation
. See here
This essentially states that "yes, I backed out and sold it to someone else, but only after a clear indication that you were not going to perform (i.e. pay me money as agreed), so I reasonably considered this as you stating that you were not going to perform (pay money) and were backing out."
Whether or not them simply stating "we are having trouble" constitutes anticipatory repudiation is on a case by case basis and is up to the Court.
Let me know if you need a sample ANSWER template for the suit.
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