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Tennessee Contracts Questions & Answers
0 Answers | Asked in Contracts for Tennessee on
Q: BusinessOffice Rental Contract. Renewal w early move out pen

Original Office rental contact had auto renewal clause w Major penalty if left early in 2hd year. I tried toleave early in 2nd yr and was told it is not ok and I am locked in for the year and have to pay the full rental for the year. On top of this - I forfeited my security deposit. Note - no... Read more »

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: When filling out POA for Health Care, there is a section that ask about the "undersigned." Who's the undersigned?

"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

If you are giving someone a Power of Attorney over you, then you are the undersigned.

0 Answers | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: house contractor initially agreed but now using low quality materials after taking 90% money

We are constructing a house and contacted a local house contractor for construction initially he agreed upon everything and agreed to sign agreement contract papers . Now after 4-5 months he is saying he never make any agreement for construction after finishing 60-70% work and we have paid him more... Read more »

1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

0 Answers | Asked in Contracts, Employment Law, Employment Discrimination and Government Contracts for Tennessee on
Q: Can I file a complaint with TDOT?

I have been fired off two TDOT projects for questioning ROW process in regards to utility relocation and chapter 86.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How do I handle a potential business partner I don't really wanna pay 50 percent or even less.

I have an online business that I made with a friend but everything is in my name included the LLC but he is in a good amount of the footage that our online course provides but his name is literally on nothing except for about half of the videos. I do think he should be payed something but how do I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 26, 2022

Your post indicates that you are the only member of the LLC and from this I am assuming all of the online content is owned by either you or the LLC. You don't indicate the agreement with this other person - and you likely should discuss this with a lawyer rather than creating another post. -... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN, am I required by law to sign a new lease if my rental property is sold? I have 16 mo left on a 24 mo lease

Based on the reply I received, I need to add more details. There is no clause in the 2-year lease that says the lease is voided if the property is sold. The new owners are buying the house as an investment with full understanding and agreement as part of the purchase that there is a current tenant... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

Maybe. You should check the terms of your lease. Sometimes there is a termination on sale clause. If not, the new owner would buy the property subject to the lease.

1 Answer | Asked in Insurance Bad Faith and Contracts for Tennessee on
Q: I started getting dental implants and then my insurance said they would not pay for the rest of the procedure.now Inplan

And no teeth do I have a case? I can't keep walking around like this.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

Your insurance policy must be read verbatim in conjunction with your treatment plan. Are the implants covered or not? You will need an attorney to examine the contract and facts. Bad Faith in TN is not very much, so concentrate on Breach of Contract, possibly even in General Sessions.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... Read more »

1 Answer | Asked in Contracts and Car Accidents for Tennessee on
Q: I agreed to a payoff with my lien holder through a signed contract. Now that my insurance is paying it off they said

the contract is null/void because my insurance is paying it out. Is that legal if my settlement amount is less? Can the lien holder disregard that contract

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. This requires closer examination than is possible in the limited scope here. It could depend on the type of lien and other possible factors. There are certain liens, such as public health liens, that are subject... Read more »

1 Answer | Asked in Contracts and Car Accidents for Tennessee on
Q: I signed a settlement agreement with my Lein holder for a settlement payoff. Now that my insurance company is paying it

The lein holder is trying to not honor that amount. Is that legal

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2022

A Tennessee attorney could advise best, but your question remains open for four weeks. One would need to see the lien agreement to understand more about the lienholder's reluctance to carrying out its terms. But lien agreements are usually binding. If you have an attorney representing you, it... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can I contest a deed if it was signed under false information?

I inherited my father’s property in April and was given false information about the condition of the property as well as the deed. I signed the deed over to my uncle later finding out the information was false. Do I have a case?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 29, 2022

It is doubtful you have a good case to set aside a Deed for Fraud. But you will need to hire an attorney to check out the facts, witnesses, etc. It may not be worth the trouble, but if you do nothing the property is gone . It appears that you relied on heresay and did not even examine the... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: What form do you use, to release a Deed of Trust, in Tennessee ?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 29, 2022

No form is required, but the Release should have the recording information on the Deed of Trust to be released. Also that the Debt is paid in full. Notarization required for recording.

1 Answer | Asked in Contracts for Tennessee on
Q: In the state of Tennessee, do you use a Deed of Reconveyence to release a Deed of Trust ? If not, what form do you use ?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 29, 2022

No, the Note must be satisfied and the Deed of Trust released. Sometimes Partial Releases are appropriate.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Tennessee on
Q: What kind of action could be taken if I found out my Union Attorney Representation was not registered to practice law?

Nore was there a cosigner for him to practice law approved by State Bar of GA.

What action can I take after my arbitration panel has taken place?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 29, 2022

In TN call the Sheriff or the DA to request charges. It might be grounds for setting aside an adverse decision.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Tennessee on
Q: I’m leasing to purchase a truck and was told I can’t pay it off early. Its not in the lease agreement. Can I pay it off

The truck is $692 a week for 208 weeks which is for 4 years. Im 3 years and 2 months in and want to pay it off early. Im was told that I could not pay it off early but every company or place that has a lease has an early pay out option. It’s not in the lease agreement that I can’t pay it off early.

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

You should take the agreement and all the paperwork you have from the time of leasing to a lawyer for consultation.

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