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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in Tennessee, i had someone come out and give me an

Customer Question

I am in Tennessee, i had someone come out and give me an estimate on fence in April 2015, they came out and built the fence starting on Sept 7 2015 without my knowledge, i agreed to pay them, i sent a cashier check to him and he never received it, he is hired an attorney.The problem i have is there is no signed contract and now he is not willing to provide a warranty as he stated. What steps do i need to take?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm an attorney licensed in Tennessee.

Oral contracts are enforceable as long as they are to be performed within 12 months of the agreement being made. Thus, in this case, since you agreed to pay the contractor for doing the work (even though you never really gave the "go ahead"), any other terms that went along with that agreement would be legally enforceable as well.

Thus, you should maintain your willingness to pay for the work as long as you are provided the warranty as agreed. If the contractor won't accept that, then you could take the position that you never authorized the work and that you're not obligated to pay because you didn't give consent before he put the fence up.