MyAgent said seller will sue me if I back off offer

Please help:
Just had the home inspection yesterday and it is a good house except minor issues like stain on the wall in crowl space.
We did not realized it is a big problem (Noise from the high way 0.5 miles away) until the the visit during the home inspection.
We told the agent we want to back off the offer because of the noise and the stain.The agent is not happy with my decision but push us to accept the house. He said the seller may not return us the earnest money and he may even sue us if we get the seller mad.
The agent pushed us very hard for this house and he even tried to persuade us to accept it "AS IS" for the counter offer. You will understand why he is not happy with our cancellation.
He said we can not back off the offer since it is minor issue, which is different from what he told us before we can do it whatever the problem it is. He also agrees with the noise from highway yesterday but before he always say it is "far away".
I review the contract again this time, and find the check box for home inspection contingency did not check, and thought maybe he did it on purpose. the waiver of the inspection contingency is surely not checked.
Can I get the earnest money back? Is there a better solution? The agent push me to continue the next step: notify the seller to fix the minor issues. He said "If they do not agree, then we can back off", but I think in this way he force me to even dangerous situation since most likely the seller will accept the fix.
What do you think?

所有跟帖： 

• You have a bad agent. -techy- ♀ (281 bytes) () 11/03/2007 postreply 09:13:52

• give up your earnest fee and hope that seller lets u go -TigerLady- ♀ (640 bytes) () 11/03/2007 postreply 11:32:41

• fire your agent! -a510050- ♂ (87 bytes) () 11/03/2007 postreply 18:58:19

• 回複：MyAgent said seller will sue me if I back off offer?? -david2005- ♂ (498 bytes) () 11/05/2007 postreply 07:30:27

• 回複：MyAgent said seller will sue me if I back off offer?? -wxc2008- ♀ (32 bytes) () 11/05/2007 postreply 20:36:16

• Give up the first money and walk out -ireneday- ♀ (365 bytes) () 11/12/2007 postreply 20:36:14