Buyer refusing to take over solar loan
Location: NJ, USA
We sold our house in November of last year. Included in the sale were financed solar panels on the roof. There's about 12 years left on the loan and everything in the paperwork said the buyer would be taking over the panels. The buyer still has not assumed the loan because it turns out they would need a new loan under their names and it would be 8k more than what we were paying over the life of the loan due to interest.
We offered to split the interest amount (4k), in addition to the 6 months we've still been paying the loan to not hurt our credit, but now they're asking for more and saying they don't have to pay b/c we "lied" on the sellers disclosure and MLS. They're saying that we misrepresented what they would be paying and now want to split the full payoff amount of the panels.
Our lawyer that we used at closing has been going back and forth with their lawyer and said he's never seen anything like this and that we are 100% in the right and probably have to sue them to get them to transfer the loan into their name. I just want it to be done and to move on but I also don't want to give these people any more money than we already have.
Do I have to sue these people? How does one go about suing someone to get them to do what they said they would in the contract?