So some basic facts: I have a signed PSA with a seller for a property who lives outside of the US and is not a US citizen. They returned a hard copy original, with wet signature, via the mail (along with a handwritten and dated note, asking about next steps to proceed with the sale). The PSA did not include an earnest money deposit, and none has been paid by me.
I signed the agreement as well, and sent an electronic copy of the double-signed agreement to the local title company with instructions to proceed with the title work and closing. Title company spoke with Seller and verified necessary info from him regarding delivery of the closing docs, etc. FedEx tracking shows the closing docs were delivered to Seller almost 2 weeks ago now, signed for by someone with the same last name as Seller (likely his wife). In speaking with Seller this morning he first denied having received the closing docs, and then went on to deny ever having signed a PSA. Our signed and agreed to purchase price is about $17.5k, but he's now saying he won't consider selling the property for less than $30k.
Meanwhile, I'd already lined up an end Buyer for a double-closing at a purchase price of $40k. The PSA with my end Buyer includes contingency language that should nullify the agreement if I don't ultimately close with my Seller. If the dollar amounts were substantially lower, I'd probably just cut bait and move on to the next deal, but walking away from $22k profit on a same-day double-closing (no holding costs / risk of not selling for the price I think it's worth), is pretty hard for me to swallow.
Has anyone ever tested the enforceability of a simple one-page PSA that does not include earnest money deposit? Would the fact that the seller is outside the US and has no legal ties here other than ownership of this property make things any more or less favorable for me to pursue legally? For instance, I'm guessing it might make him less likely to defend a claim in court effectively. Would he be harder/impossible/more costly to serve, though, and would that possibly play any factor in likely outcome? I'm over the limit for small claims, in case that makes a difference.
So what should I do? What have others done in similar situations? I've already left a message for an RE attorney local to the area where the property is, referred to me by the title company.