Would they be responsible for fixing the yard?

My husband and I closed on a house mid august. It was a new construction that was foreclosed on by the builder. The bank then bought it and sold it with the promise of things being finished. We were promised a finished and leveled yard. With an addendum for 2 weeks after closing they would finish the yard, we went ahead and closed. They did not come to do the job until the last day of the 2 week limit and did not do the yard correctly. There was no top soil put down, holes all in the yard and in the side of the driveway where water is now trapped under and streaming out into the road, my 3 year old got stuck from sinking into the clay and I nearly got stuck ankle deep trying to get him out. The grass is not growing because of the amount of water and clay, so we have random things of hay scattered around. Now we’ve discovered a huge amount of water in our crawl space and mud that’s getting in the vents from the crawl space. Also, the brush that was promised to be cut down when we did a walk-through. They told us

Asked on September 14, 2017 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was an agreement--an addendum, as you describe--that they would fix the yard post-closing (i.e. "2 weeks after closing"), that agreement is legally enforceable; they have to fix it. If they fail to do so, or if their "fix" is not commercially acceptable, you can sue them for breach of contract, seeking either a court order compelling them to make the repairs, or else requiring them to pay the cost of fixing the yard correctly (you would need some proposals or bids from landscapers for the cost, to prove it in court).

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