While we did come to an agreement on many of the items that we would have to see in a contract, some of the key elements changed over later phone calls and were very questionable to us in the final contract. I believe that the true fly in the ointment here is pride. He wanted to have a last word at me, and I never gave him the opportunity.
As I've studied more about my situation, I've come up with a few statements and questions that I believe support my defense of this.
1. We were never informed to the fact that we would be required to pay contract prep fees should we not decide to buy. Had that been the case, we would have never entertained the idea.
2. We never stated that we WERE buying his company, only that we interested. Nothing signed, no consideration exchanged.
3. If he can sue us for contract prep fees, shouldn't that mean that we could sue for contract review fees? Not that I actually want to, but for the sake of argument, I believe it makes sense.
4. We were never actually sent an invoice for the cost of the prep fees, so I question whether it truly cost that much. Odd that you would go straight to SC without first trying to collect yourself...
5. All items used for review of his business were returned to him without complaint. (Though he made many hateful comments to the individual delivering them about me)
Does this list sound like a good place to start in mounting a defense?