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Tennessee Contracts Questions & Answers
0 Answers | Asked in Contracts, Landlord - Tenant, Personal Injury and Real Estate Law for Tennessee on
Q: Unpaid contract for job, eviction filed, hazardous living conditions. Seeking legal advice in Tennessee.

I created a contract using sharpie and printer paper, stating that I would complete a job, and the money earned would be used for plumbing repairs. The contract includes all signatures and dates, and a third person was present as a witness. Despite this, the plumbing was not finished, and I have... View More

1 Answer | Asked in Contracts and Banking for Tennessee on
Q: Is "Paid in full" check accord and settlement for car loan?

I paid my car loan in Tennessee via a check marked "Paid in full" under the legal line and memo along with the account number. The payment was processed through the drive-through at my bank, and I was previously denied the option to pay online because I needed to update my software. There... View More

Anthony M. Avery
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answered on Apr 20, 2025

It is probably an accord and satisfaction of the debt but you might get sued anyway. Demand the lien be released off the title. That will get the lender to sue you on the debt if they dispute it, which you defend with a sworn denial with a copy of the check as an exhibit.

3 Answers | Asked in Contracts and Consumer Law for Tennessee on
Q: Can I cancel a timeshare service contract signed online within three days in Tennessee?

I signed an online agreement with the Wesley Final Group to cancel a timeshare on April 14, 2025. The timeshare is located in Tennessee. Can this service contract agreement be canceled within three days?

Patrick A. Twisdale
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answered on Apr 16, 2025

In Tennessee, the ability to cancel a timeshare service contract depends not only on state law but also on the specific terms of your agreement and the location, or situs, of the actual timeshare property. Even if you reside in Tennessee or signed the service contract there, your cancellation... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Contracts for Tennessee on
Q: Police took my daughter based on false claims in Meigs County, TN without a warrant. How to contest the court's decision?

In August 2024, without a warrant, police in Meigs County, TN entered my property and took my daughter based on a false statement from my grandmother. She claimed I was endangering my daughter and was homeless, although I was renting to own 5 acres from Roy Holmes. I have pictures and recordings... View More

James L. Arrasmith
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answered on Apr 12, 2025

Tennessee Child Welfare Proceedings Analysis

Your situation involves potential violations of your Fourth Amendment rights under Tennessee law, as warrantless entry to remove a child generally requires exigent circumstances meeting the "imminent danger" standard established in...
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2 Answers | Asked in Business Law, Civil Litigation, Libel & Slander, Contracts and Personal Injury for Tennessee on
Q: Does neighbor's interference with property sale constitute tortious interference?

I have a business and property for sale, and a potential buyer backed out on the day of closing after receiving a call from my neighbor, who wanted to buy the property but made a low offer that I refused. The neighbor persuaded the buyer not to proceed by saying they wouldn't allow parking.... View More

Anthony M. Avery
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answered on Mar 31, 2025

There may be a boundary or easement dispute, which is at least a cloud on both titles. You may try to make such a tort suit, including slander of title, but it will be very difficult. Collection might be impossible. Access to your business is what is important, not selling the property, so... View More

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2 Answers | Asked in Real Estate Law and Contracts for Tennessee on
Q: Can high voltage power lines justify ending a real estate contract due to undisclosed ill effects?

I am currently in the contingency period of a real estate contract for a new home. I recently discovered that high voltage power lines are near the property, and their ill effects were not disclosed in the contract. Only verbal information was provided, which did not cover potential health... View More

Anthony M. Avery
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answered on Mar 31, 2025

No...

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2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can sellers terminate agreement due to mistake on included land?

I recently signed a buyer/seller agreement for a home and a lot behind it. Later in the day, the sellers claimed they mistakenly included the lot and are now threatening to terminate the agreement. We offered to renegotiate without the lot as we're primarily interested in the house, but... View More

Anthony M. Avery
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answered on Mar 24, 2025

Was earnest money paid? Terminating such a contract is easy for such a proffered reason, as you are left with suing for specific performance. Are you prepared to do that?

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Tennessee on
Q: Can lender install tracking device/kill switch without knowledge?

Can a private lender install a tracking device or a kill switch on my vehicle without my knowledge? There was no written contract or lease agreement. I was informed only after my car was turned off by the lender using such a device.

James L. Arrasmith
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answered on Apr 11, 2025

That situation sounds incredibly upsetting—finding out someone turned off your car without warning, especially without your knowledge or agreement. In Tennessee, lenders sometimes use tracking devices or kill switches on vehicles tied to loans, but this is usually allowed only if it's... View More

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Can I be charged for next month's bill if I pay off my loan early?

I have a flex loan with Cash Express, and I'm trying to pay it off early. The loan agreement doesn't mention anything about early payoffs, but I've noticed I've been charged for the next month's bill already. Am I allowed to be charged this even if I'm paying off the loan early?

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially when you’re trying to do the responsible thing and pay off your loan early. In Tennessee, lenders are generally not allowed to charge interest or fees for future months once a loan is fully paid off, unless your loan agreement specifically allows for... View More

Q: Seeking pro bono legal help for trademarks, patents, and copyrights for a trading bot in Tennessee.

I am developing a unique trading bot with specialized features and need pro bono assistance to initiate applications for trademarks, patents, and copyrights in Tennessee. I require support as soon as possible from an attorney experienced in intellectual property law. I haven't reached out to... View More

James L. Arrasmith
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answered on Mar 20, 2025

Finding pro bono legal help for trademarks, patents, and copyrights can be challenging, but there are organizations that offer support. Start by contacting the Tennessee Bar Association and asking about their pro bono intellectual property services. You can also check with Volunteer Lawyers &... View More

2 Answers | Asked in Estate Planning, Probate and Contracts for Tennessee on
Q: How to dissolve an irrevocable trust in TN with real estate?

What is the procedure in Tennessee for dissolving an irrevocable trust that contains only real estate, in order to pay off one beneficiary $100,000 and resolve the $30,000 in debt incurred by the trust? The trust consists of three beneficiaries, one serving as the sole trustee. The two... View More

Anthony M. Avery
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answered on Mar 14, 2025

You must hire an attorney with trust experience to read the Trust and Deeds involved. Only then can a proper procedure to execute the Trust be arrived at. There will be tax consequences. Trustee may have to sue the Beneficiaries in Chancery to execute the Trust.

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1 Answer | Asked in Business Formation, Contracts and Employment Law for Tennessee on
Q: Can a non-compete be voided due to an employer breach in bail bonding?

I'm an employee in the bail bonding industry, and I'm considering starting my own business. However, I am bound by a non-compete agreement with my current employer, which restricts me for 2 years. I'm concerned about how it may affect my plans. Additionally, can the non-compete be... View More

Anthony M. Avery
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answered on Mar 11, 2025

Probably not as a breach of one term of a contract rarely vitiates the entire contract. If you go into business, expect to be sued and defend yourself.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Tennessee on
Q: How can I retrieve my ESA dog from my ex in TN?

I am trying to retrieve my emotional support animal (ESA) dog from my ex, who has had her for the past two months. I have the dog's vet information in my name, and she is registered as my ESA. I also have text messages from my mother-in-law indicating they wouldn't keep the dog from me,... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Mar 10, 2025

Have the attorney that you hired file a Motion with the court.

1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: How long is a contractor liable for faulty roofing in TN?

I had roofing work subcontracted with a one-year warranty, which was completed in August 2023. I've noticed a leak issue in January 2025. How long after the job is completed can the contractor be held liable for faulty installation in this scenario?

Anthony M. Avery
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answered on Mar 7, 2025

It sounds like you contractually agreed to a 1 year SOL. Otherwise damage to property has a 3 year SOL. You are going to have alot of problems suing a subcontractor in any event, but you might look at General Sessions Court. Determining the defendant may be difficult. Try to hire an attorney.

1 Answer | Asked in Bankruptcy, Contracts and Consumer Law for Tennessee on
Q: How to get out of a vehicle lease after company bankruptcy in TN?

I originally leased a car from a company that went bankrupt. The new company that took over my lease canceled my damage and loss waiver without my consent, but I am still under contract with them. I received an email notifying me about this cancellation. How can I get out of this vehicle lease?

James L. Arrasmith
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answered on Mar 8, 2025

Since the company that originally leased you the vehicle has declared bankruptcy, and the new company has changed the terms without your consent, you have legitimate concerns. First, carefully review the original lease agreement to understand what terms govern transfers or changes by subsequent... View More

2 Answers | Asked in Business Law, Contracts and Collections for Tennessee on
Q: Am I personally liable under a net terms agreement for my gift shop?

I have a gift shop and signed an application for net terms purchases. The agreement states that all credit accounts are due per each invoice's terms, penalties for late payments, and that any delinquency will involve costs of collection, including attorney fees. It also mentions the laws of... View More

Anthony M. Avery
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answered on Mar 3, 2025

If you signed it, you are probably personally liable. Hire a TN attorney to examine your contract and especially represent you on the suit.

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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: How can I legally retrieve my car from an upholstery shop in Tennessee?

I took my car to an upholstery shop, and they have had it for about three years. They have offered multiple excuses for not returning my car, such as a dumpster blocking the door. I have all my receipts and have called several times a week to retrieve it. I owe no money to the shop. What legal... View More

Anthony M. Avery
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answered on Feb 28, 2025

Hire a competent attorney to file an Action To Recover Personal Property in General Sessions. Suing and serving the correct defendant will be critical, and you might have to make a bond besides court costs.

1 Answer | Asked in Real Estate Law, Collections and Contracts for Tennessee on
Q: Is lien allowed and am I still obligated to pay after home sale?

I recently sold my home and found out there was a lien on the property from a creditor with whom I have a structured settlement. I was not informed of this lien by the creditor or my debt relief company, and discovered it at closing. No advice was given, and the settlement amount was $10,580. So... View More

Anthony M. Avery
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answered on Feb 23, 2025

You should get the debt relief agency to do their job, which is actually practicing law without a license. So I am not surprised at this result as you made a mistake going to them. If there is a lien, then a judgment must have been entered. Look at the judgment, compute the amount with legal... View More

1 Answer | Asked in Contracts, Business Law and Collections for Tennessee on
Q: What legal action can I take for overdue payment as an independent contractor in TN?

I am working as an independent contractor for a company that is two weeks overdue on paying my latest invoice. The payment terms we agreed upon are net 10, and I have this in writing. I contacted the company both by phone and email, and they stated that their payment system has been down for 15... View More

Frank J. Steiner
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answered on Feb 18, 2025

Have an Attorney write a letter on your behalf. When companies miss payments, take it serious. I have a commercial dispute now that rose from missed payments.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: How to find a 20-year-old private golf course sale contract?

I'm a member of a semi-private golf course that was sold in a private sale roughly 20 years ago to an individual named Cecil Gilland, with certain stipulations he had to follow. I wasn't involved in the sale, but I want to know if he has violated the contract. However, it seems no one has... View More

Anthony M. Avery
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answered on Feb 15, 2025

Outside of asking the sellers to the Gilland grantee, hire an attorney to search the title. Most enforceable restrictions should be covenants running with the land that are of record.

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