Legal Question in Business Law in Tennessee

We signed an estimate with a landscaper and gave him a deposit of $1,000.00. Within 3 or 4 business days, we changed our mind and decided not to use his services. We asked him for a refund of our deposit and he refused, saying that we signed a "binding contract" and that he was still willing to work for us. We said we had an estimate only and wanted a refund. Long story short, we took him to small claims court and he did not show up, but sent an attorney. The attorney got a continuance because he had only gotten the case the day before. I feel we have a strong case, but need some legal advice concerning it. I feel that if an attorney would represent us, we could sue for the deposit, court costs and legal fees, but I am not sure.


Asked on 8/04/12, 4:43 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

You can certainly sue to recover your $1,000.00 deposit and court costs. However, it is unlikely that you can recover your legal fees involved in the dispute. Tennessee courts generally have adhered very strongly to what is known as the "American rule." This rule states simply that absent some contractual agreement, statute or recognized equitable principle, each party has to bear their own legal fees.

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Answered on 8/06/12, 9:19 am


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