I agree with my colleague, your question is too vague. You should keep your property safe, which is the best way to avoid a lawsuit. You may also invest in insurance for the event, incase a problem does arise and you are sued.
I agree with my colleagues, you should consult with an experienced personal injury attorney. Most attorneys offer free consultations prior to accepting your case. Also, most personal injury attorneys work on a contingent fee basis (percentage of recovery).
You may wish to address their defense, but it is not necessary. You should lay out your claim and what you will show. If you do decide to address a potential defense, make it brief and state why it is an incorrect defense.
There really isn't enough information here to answer your question. Did your house sell at a lower price? What are your damages. I would advise to have your contract reviewed by an experienced real estate attorney. Most attorneys offer free consultations prior to accepting your case.
I agree with my colleagues, it is impossible to answer your question. The prosecution must prove the charges beyond a reasonable doubt, which is determined by the jury. You should consult with your attorney regarding your defense, as they will be in the best position to know the facts, circumstances, and evidence you are facing.