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Tennessee Contracts Questions & Answers
0 Answers | Asked in Contracts for Tennessee on
Q: Car repair oral agreement question

My sister brought her car to a repair place to get checked out, the next day 3mins before her shift she got a call from them telling her about the repair, out of stress she agreed to it, but then later changed her mind and texted them that night.

Apparently they already ordered the part... View More

1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

Anthony M. Avery
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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

0 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for Tennessee on
Q: I am 73 years old. In Feb. 2024, I had to immediately separate from my wife and had to immediately find an apartment.

The rep at Newport Apts in Nashville Tn told me she had apts available several times but the next day the apt was not available. Then she told me I had to make a deposit to hold an apt. I paid the deposit under duress and confusion. And the process of getting an apt fell through not because of my... View More

0 Answers | Asked in Insurance Bad Faith and Contracts for Tennessee on
Q: farmer insurance paid replacement value to declaration A,B,C, AND HALF OF D. LOSS OF RENT BECAUSE THE REASON NOT REPLAC

IF INSURED LOSS AT THAT PART OF YOUR PREMISES RENTED TO OTHERS AT THE TIME OF LOSS.WE WILL PAY FOR YOUR ACTUAL RENT :

1) RESULTING FROM AN INSURED LOSSS WHILE THE RENTED PART OF YOUR PREMISES IS NOT FIT TO LIVE IN;

2)LESS CHARGES AND EXPENSE THAT DO NOT CONTINUE DURING THAT TIME... View More

1 Answer | Asked in Consumer Law, Contracts, Tax Law and Arbitration / Mediation Law for Tennessee on
Q: On a auto loan, can the lender charge a flat $10.81 a day for 6 years? Because that's over 24 thousand..

Got a car loan traded my car for another and got 6 thousand dollars down payment the loan is 6yrs for 27k but I just read that the company charges me $10.81 a day no matter what turning my 27k car loan into over 40k, please tell me that's illegal if it's not then the system is so messed... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're dealing with an auto loan that may have unexpected terms. Charging a flat fee of $10.81 a day for six years is essentially a per diem interest rate, which would accumulate a large amount over time. If your loan agreement does mention this type of daily charge, it's... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
Anthony M. Avery
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answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

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2 Answers | Asked in Bankruptcy, Contracts and Criminal Law for Tennessee on
Q: Since an attorneys first duty is to the court and the public, not his client whenever duty conflict he must yield to

The latter. Is that not a conflict of interest in the courts? Your paid attorney obligated to the courts? How can the client get a fair chance?

7 Corpus Juris Secundum 4

Presentments according to the U.C.C. are negotiable instruments. Since the presentment is issued for value, can... View More

Anthony M. Avery
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answered on Sep 16, 2024

Presentment is presenting a negotiable instrument for payment, not an instrument itself. Like taking a check to a bank for payment: it is either honored or not.

This is not a forum for general treatises on law. If you have a specific question, post it.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Copyright for Tennessee on
Q: If Apple, rakuten, Barnes and Noble are selling my ebooks without my permission even after cease and assist what do I do

I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More

James L. Arrasmith
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answered on Sep 11, 2024

If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More

1 Answer | Asked in Contracts for Tennessee on
Q: hello,I received a letter in the mail. from a lawyer.

It's a motion to renew,extend and/or revive a judgment (against me)for an additional ten yrs. I have no idea what the judgment is for. My husband and I did a bankruptcy way back when, I can't even remember when it was. And as far as I know no one fought it. It says I have thirty days to... View More

Anthony M. Avery
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answered on Aug 19, 2024

Get out your bankruptcy petition and see if the creditor was listed as a scheduled debt. If not, it was not discharged. You need to look at the Judgment which is probably a lien against you of record at the Register of Deeds. If the Judgment is legitimate, then there is no defense to the `10... View More

2 Answers | Asked in Contracts, Bankruptcy, Collections and Small Claims for Tennessee on
Q: How do I report Corporate Greed, and get assistance through a living situational hardship T-Mobile is putting me through

I have been homeless for over 2 years now, lost my job when I was homeless, and now that I'm getting help back on my feet, T-Mobile refuses to unlock my device to allow me to utilize a new carrier with true network coverage in my new living spaces area, so i can succeed at getting a new job!

James L. Arrasmith
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answered on Aug 6, 2024

First, gather all relevant documentation related to your situation with T-Mobile, including any communication, bills, and records of payment. It's important to have these ready when you start seeking help. You might consider reaching out to T-Mobile customer service again to explain your... View More

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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.

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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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

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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?
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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

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