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Questions Answered by Mr. James Charles Wright
1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 24, 2020

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 10, 2020

No. I agree with the response that came earlier. The bank will go through a review process. You should stay in contact with your lender as to the process and timing. Lenders are incredibly busy these days in light of interest rates and other economic factors.

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1 Answer | Asked in Employment Law and Personal Injury for Tennessee on
Q: Do I have a case to claim relocation expenses and stress of relocating family with 2 disabled kids?

I was given an offer letter with relo bonus and told to relocate asap. Sent a new laptop and announced as a new hire to my team. After moving and less than a week before my start date, I inquired about my pending background check. then the company started moving my start date back (twice). Once the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 10, 2020

Tennessee is an at-will employment state - but if you have an offer letter where the company agreed to pay for certain items and you were told to move as part of this you may be entitled to recover for the relocation expenses.

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Should I report my attorney?

This past January, I was involved in a car accident. I went to the emergency room and attended all of my therapy sessions. I call the law office every so often for updates. They always say it’s going to be 6-8 more weeks. (Say this every month) It is now September. Now it’s a different story... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 9, 2020

One of the biggest issues, as I understand it, for clients is lawyer timely communicating with their clients. It is a tough area- the lawyer does have other cases- but does need to communicate. the client has only one case- and wants communication in a process that doesn't often move at a... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I am in a rental lease that ends in June. My husband is being transferred out of state in two weeks for work.

Is there any legal way to get out of my lease for a job transfer?

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 9, 2020

Contact the landlord- The lease will control and it probably doesn't provide a way out under the circumstances. But most landlords will work with you - if you give them enough notice to find someone to replace you. So you may have to pay a couple of months rent. Some people are not paying... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: can a member who never signed operating agreement take control of the company

An investor never signed the op agreement it's been a year and a half his attorney wants to change the entire agreement and take control of my company in Tennessee

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 14, 2020

I can't tell if the member just never signed or has been objecting for a year and a half as to the contents of the agreement. Lot of details needed to be able to respond to this meaningfully. For instance does the "member" supposed to have a controlling interest- investment. How... Read more »

2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 5, 2020

I am not aware of a prohibition on clauses that auto renew in contracts. But haven't researched the issue either. I believe there is at least one state that does restrict(and there may be others) so you would need to be careful whether you are contracting with someone in a state that may... Read more »

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3 Answers | Asked in Personal Injury for Tennessee on
Q: Who is responsible for any persons hurt by a utility line down on the road that they have drove over?

I was injured by a power line while on the back of a motorcycle it was layed across the road brought down by a tree.

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 4, 2020

The utility may be- but there has to be proof the utility knew or should have known the line was down and for a sufficient time that the utility could respond. If the line went down as the result of storm- and had just fallen the utility generally wouldn't be liable.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: I was hit by a Shelby county truck as he was pulling away from a drive up window. I was in motion going around the line.

Driver turned his wheel away from the window to exit and drove right into me. A witness from the Starbucks said he couldn't have seen me. My sedan is half his height. They are denying my claim. I have no copy of their report, no one from their insurance has come to take my statement or witness... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2020

You need to make sure your insurer is aware of the matter regardless how it ends up being handled. You don't want to prejudice your insurer. Beyond this - if the County isn't going to voluntarily pay - you will either need to let your insurer handle or file a lawsuit against the County.... Read more »

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I live in Tennessee, and I sold a suv to son an daughter-inlaw and they stop making payments
Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2020

I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: My landlord just informed me that she would be going up on my rent $50 for the new lease that’s up at the end of Aug.

I asked her why the increase and she told me that she had families on a waiting list willing to pay more. I explained to her that I did not mind the increase and that she just went up and with everything going on that it just seems shady. She sent me a message back stating she would send my final... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 22, 2020

I am not sure the question. If you are wondering if the landlord can 1) raise the rent or 2) terminate and not renew - on a renewal - the answer would be in your lease which should have provisions as to how the lease ends- and perhaps renews. There is also generally "hold over"... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I emailed my landlord I wanted to renew my lease for a year. She replied ok. Is it legally binding? I didn't sign anythn
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 14, 2020

Your lease will control how the lease is renewed. Look at your lease. The lease may automatically renew- unless you give notice of termination. It may renew if you give notice that you are renewing- either either of those- your notice was enough.

The lease could require a writing by...
Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: My mayor in Chatt, TN just mandated masks on everyone when in businesses with penalty of $50 or 30 days in jail! Advice?

Just wondering what I can do to combat this insane unlawful tyranny. Thanks for the webpage and help.

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 8, 2020

Can a government in a time of emergency - without declaring martial law order all citizens to wear a mask? I haven't seen a case on this. Emergency powers are pretty broad by statute. Is the statute constitutional? Or is the law overly broad? As to what you can do- you would need to hire... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I bought a piece of property on contract till I sell my home Is it legal for owner to sell to another person

I’ve paid almost 52,000. To him

Now he trying to sell to another person

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 7, 2020

It may depend on the language in your contract to purchase. If your agreement is enforceable and you are not in breach you may be able to stop the person from selling the house again. You should talk to a lawyer.

1 Answer | Asked in Employment Law for Tennessee on
Q: How much is an employer in Tennessee required to compensate mileage for business travel using personal vehicle?
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 30, 2020

You should talk to an accountant- It is my understanding Federal and Tennessee law does not require an employer to pay mileage unless as a result an hourly employee will drop below the minimum wage. A good guide is the IRS guideline on the mileage rate that can be checked on the IRS website.... Read more »

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 24, 2020

This is a hard one without seeing if there are any documents. For instance is there a loan or other set up that says when you have paid X you will sign the title over?

At this point from what I understand the title is in your name. He forged a bill of sale from you. You can contact...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... Read more »

2 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: is a surety bond company required to investigate a claim or can they refuse pending you prove on the front end.

dealing with a surety company regarding claim for auto fraud with an auto dealer in my area. the surety company finally responded with a letter stating they will have to have prove via DMV determination or a judgment from a tennessee court proving fraud before they will continue with their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 13, 2020

There is not enough information to really respond to your question. I am not sure why if you are a consumer the reason you would be dealing with a surety company. But there is probably a good reason. You may want to contact a lawyer - rather than putting a lot of details here.

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2 Answers | Asked in Car Accidents for Tennessee on
Q: My boyfriend got rear-ended driving my car without a license in TN, other driver drove off, will my full coverage pay?

I have full coverage: collision, comprehensive, uninsured motorist coverage, rental, emergency services. My boyfriend isn't under my policy, his license is expired. He got rear-ended and hit a pole, the car is totaled and the other driver drove off, will my insurance pay? They say they... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 13, 2020

If a third party caused the accident/ was at fault- as you describe--- ran into the rear of the vehicle - then there should be coverage under your full coverage insurance. Your boyfriend also may be able to file an uninsured motorist claim to recover for his injuries.

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