Legal Question in Real Estate Law in Tennessee

NOT ADVICE BUT !!!

As a Mass. atty, I don't advise TN residents,but I think you should consult a local atty.Unrepresented parties are often under the illusion that a judge will help protect them.Also, the discovery process and even a good examination by the opposing atty can sink yourcase even if it really ought to be a winner.Also, there are several different legal theories for your case with attendant strategiesfor presentation that you aren't familiar with (and people lose all the time for these reasons).Lastly, a decent atty should be mindful of the cost/benefit of using his services and guide youthrough it all for relatively little money. Andas to the merits of your case (do you have a goodcase) and how much they're worth fighting for, alocal atty ought to size that up for you right away.Bring all your documentation, pictures, notes on conversations, etc. with you. P.S.: You might want to ask your atty to counter-offer at $1500 -- a phone call which should cost you very little, or even to pay him to do it right but pay only, say, $1200 (since his costs are lower than yours using someone else). But first have your own local atty assess your case.

here's what I would do

I would fix the problem myself and file a complaint with the licensing authority and Better Business Bureau.I would then be inclined to sue in pro per, if the contract does not have an attorney feesclause and if I had a job with the flexibility so I could go to court. It will cost the contractor more than the amount of your claim to have his attorney defend the claim.

Take the money and run

I am not licensed to practice law in Tennessee so I cannot give you legal advice. However, asa Florida real estate attorney, I often runinto situations as yours. I suggest you take the the builder up on his offer and pay to have theretaining wall installed. The time, effort andproblems of collecting are not worth the hassle.Also there is no guarantee you would win. Itis not a clear cut case of liability on the builder's part unless there is something inyour contract or Tennessee law that I am notaware of.