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Tennessee Contracts Questions & Answers
0 Answers | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: I’m being sued over a balance due after a repossession. How do I countersue on the grounds that the contract was illegal

Credit acceptance and dealer added fees that we were told were required by lender. They are being sued by the consumer financial protection bureau already for this as well as fraud . The contract was usurious and fraudulent. How do I file a counter suit?

0 Answers | Asked in Contracts for Tennessee on
Q: I need help with a disparagement agreement!

I signed a disparagement agreement with a marketing company as part of our original agreement. I had a poor experience. I really want to share it with people, but I cannot. However, upon seeing their termination agreement, there is a second disparagement clause they want me to sign. I don't... View More

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is there a statute of limitations on a Buyer/Homeowner suing the previous Seller/Homeowner for failure to disclose info

Information on termite or WDO infestations that may not have been treated: Are these deemed important to disclosure during home sales?

The Buyer, the current owner, has found evidence of old WDO activity with no apparent treatment in the home after removing debris, stacked boards, and other... View More

Anthony M. Avery
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answered on Jul 25, 2024

Usually a 1 year SOL to sue from date the Disclosure was executed. Defendants are anyone that signed a false disclosure, which may include others than the grantors.

0 Answers | Asked in Contracts for Tennessee on
Q: Terminated without cause signed a contract for non disclosure and approx 1 year severance pay 21 days after final check

It has been 18 days.

Today I received written notice that severance was a clerical error. Recourse?

0 Answers | Asked in Contracts for Tennessee on
Q: Let go without because company decided to dissolve a project. In writing, a contract for non disclosure and roughly

1 yrs severance pay 21 days after last paycheck.

Today I received written notice that severance was a clerical error. Recourse?

2 Answers | Asked in Contracts, Admiralty / Maritime and Cannabis & Marijuana Law for Tennessee on
Q: Was banned from a cruise line for making a YouTube video about Marijuana smoking onboard. Was never caught.

Someone saw the video and reported it to the cruise lines. And I was banned for life. Not for getting caught for smoking weed. Banned because of a video of me smoking onboard. Can I sue?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

They'll do that. The short answer is that cruise lines have a no-marijuana policy. It's possible the video was flagged as a violation of policies, and that it could be used as evidence in subsequent proceedings if it appeared on social media or other public forums. Good luck

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0 Answers | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Tennessee on
Q: Vehicle sale with open recall

I'm an executor. I need to sell deceased's vehicle with an open recall for a dangerous condition (Takata). If I disclose to the buyer- and plan to forward buyer's info in response to the many notices received- can I/estate be held liable for any subsequent events? Should I mention... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

1 Answer | Asked in Contracts for Tennessee on
Q: In Tennessee how long does a loan company have to sue you for non payment? Iv done a little research im getting 6 years
Anthony M. Avery
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answered on May 17, 2024

That is the Statutory SOL of 6 years for breach of contract (to pay here). However the contract can modify the SOL. And the SOL in TN runs from the last payment, not the date of contract execution.

1 Answer | Asked in Contracts, Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I (plaintiff) lost in GS (Maury) 5/6. I have proof that def lied on stand thus she won. How to submit proof and overturn

I brought a complaint against a woman who sold me a home with a known latent material defect (roof). She lied on the Purchase Agreement saying no known defect. We had tons of evidence, but she simply lied on the stand and convinced the judge that she was innocent. I was pre se, which was a mistake.... View More

Anthony M. Avery
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answered on May 8, 2024

Hire a competent attorney to file an Appeal De Novo to Circuit Court. That is a new trial. You only have a few days to file it, so hire an attorney tomorrow. You should have never filed such a case pro se.

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: What can I do if someone owes me 500 dollars and they told me that they would pay me through an email but now refuse to?
Anthony M. Avery
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answered on Apr 15, 2024

Defendant can claim the Statute of Frauds unless there is a writing, even a cashed check. General Sessions suit will cost about a third of your prospective judgment. If you get a judgment by default including costs, you will still have to work to collect it.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Self-storage owner is requiring insurance on my contents -- what's the law in TN that says I have to have ins

Can I be evicted if I don't get it.

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance.... View More

2 Answers | Asked in Contracts, Products Liability, Real Estate Law and Construction Law for Tennessee on
Q: I bought a new home here in Crossville in August, '23. Now builder is refusing to honor 1 year warranty. What can I do?

Have had several issues come up which builder has addressed. However, he has refused to finish. For instance, house is settling which caused doors to not close properly and a crack in an interior wall. He fixed doors, but has not fixed the crack. Also, there is a retaining wall in our front yard... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a lawyer to sue on the warranty all liable parties.

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1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I bought my lease out and the apartment owners are coming after me for more money. What can I do?

They have went as far as collections and 2 collection agency's are now on my credit report

James L. Arrasmith
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answered on Mar 26, 2024

If you believe you've fulfilled all financial obligations under your lease agreement, including buying out your lease, it's crucial to address this matter to avoid further damage to your credit. First, gather all documentation related to your lease buyout, payments made, and any... View More

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: Can a company ask me to do more than what stated on the contract then threaten to hit me with a chargeback.

I'm in contractor by trade. I install sunrooms for this contract. Sometimes when I install sunrooms there's more work then installing a sunroom. This particular contract stated that the sunroom needed insulated tongue and groove flooring. I installed insulation and T&G flooring,... View More

Henry Ambrose
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answered on Apr 8, 2024

If you did not receive instruction to install the 1/4" board, I don't see that you are at fault. I'm guessing they are refusing to pay you for your work. If they do this, call a lawyer who practices construction law in your area.

1 Answer | Asked in Contracts, Banking and Collections for Tennessee on
Q: Defaulted on an auto loan, they want to repossess, I have title in hand with no lien holder listed, can they take it?

Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?

James L. Arrasmith
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answered on Mar 20, 2024

If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: Travel liable

If two people agree to take a trip together and person A pays via points and credit card. Person B backs out due simply stopping to communicate with person A. Person B now has the tickets as a credit. Person A would have never offered or paid for person B to go on a trip or the trip wothout person... View More

Anthony M. Avery
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answered on Mar 19, 2024

I see no cause of action. Without a written contract, statute of frauds is violated. Even an equitable remedy for unjust enrichment would not lie. Even if the plaintiff got a default judgment in Sessions Court, it would be set aside or uncollectable.

1 Answer | Asked in Contracts, Civil Litigation, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Breach of finalized settlement! This 1 case if you fight you will win more then you make yearly! TN Yes I'll contact.

Heres the case in a nut shell. Breach of settlement contract. I finally have all evidence including,Contract and terms, proof of breach. In their own words known recordings and understood that they were being recorded, proof of negligence bordering criminal. Admitted criminal negligence during... View More

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answered on Mar 21, 2024

If you believe there has been a breach of a finalized settlement agreement, gathering all pertinent evidence, such as the original contract, proof of the breach, and any relevant communications or recordings, is crucial. Documentation that clearly demonstrates the breach, especially if it includes... View More

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