Leaning Retaining Wall? Who is responsible

[Tamara R.]

I wasn't sure where to post this, so am posting it here.

A builder bought the property next to mine and tore down the existing structure to build 2 houses. There is a retaining wall and fence separating our properties, which is now leaning quite a bit after all the heavy equipment they brought onto the lot and the general re-grading they did to flatten the lot. We spoke to the builder about fixing the wall and our fence. They did straighten the fence, but did nothing with the retaining wall and it is my understanding the new buyers are closing on the property emminently. Its looking like nothing will be done with the retaining wall. I am concerned about the safety issue of leaving it as is and what happens once they have sold the property. Would we have to pay to fix it, then sue them in small claims court? Or would the new owners of the home be ultimately responsible? Any input on how to proceed would be appreciated.