My question involves a consumer law issue in the State of: Tennessee
We bought a house and one of the repairs we requested was a retaining wall to be replaced. The seller had a landscaping company replace the wall with a unit block wall. The wall was completed on Monday and we closed on Wednesday. The wall toppled completely over on Saturday morning when it rained for the first time. This is a rather tall wall about 7-8 feet tall and about 75-100 feet long. It is at the end of my driveway. The landscaping company said they sent an engineer to determine why the wall failed. That was last Tuesday a week ago. So it has been 9 days and according to the landscaper he is still waiting for the engineer's report. This past Friday we noticed our deck was leaning because the blocks the supports rest on had came out when the wall fell. We told the landscaper and he said he would send someone out to brace up the deck on Saturday. No one came on Saturday. Here it is Wednesday and I have not been able to get in contact with the landscaper. I have left several messages and he will not return my calls. Earlier today I called him twice and he turned his phone off after I called.
What should I do?
I filed a complaint with the BBB earlier this week.
I also sent my story into the local TV news consumer advocate guy.
Should I sue? If so who do I sue? The landscaper, the person I bought the house from, or both? I did not pay the landscaper to put the wall up the seller did. Should I sue the seller for not having the work done in a "professional and workman like manner?"