Legal Question in Landlord & Tenant Law in Tennessee

Can I be sued?

I recently bought a house. The house wasn't finished at closing but I paid the full asking price when we closed. The developer gave me a $5,000 check to hold until it was finished that I would give back when we were satisfied. The house still isn't finished 3 months later, we aren't satisfied, and now the developer is wanting his check back. He is threatening taking us to court. Does he have any case there? Thanks so much.


Asked on 10/26/07, 8:11 am

1 Answer from Attorneys
KJW Firm PLC

Re: Can I be sued?

You can be sued. Whether he would be successful would depend on whether the judge or jury believed that you had a valid contract on the $5000 and whether they believe you have breached that contract. You have not indicated whether your agreement with the builder was in writing. If it is, then the builder would have a difficult time proving why you are in breach of that contract if he hasn't finished the home. The exact details of the situation including the terms of the contract are needed for a complete analysis.

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Answered on 10/26/07, 9:02 am


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