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Tennessee Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Health Care Law for Tennessee on
Q: how do i make a case with billing provider I have, have lost thousands of dollars

they are changing the order of my documentation hence getting claims denied

new provider owned practice, been opened a year

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It doesn't make sense for a provider or billing company to jeopardize payment for medical services by submitting procedures (or supporting documentation) out of sequence; further, the claims examiner should... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I typed a persons name wrong on a contract. He singed/printed his correct name on the bottom of the paper.

Is this contract still valid? By printing his correct name and signing at the bottom he agreed that he noticed the error and is the party referred to in contact? It was Sumarriva vs Surmarriva sumarriva is correct nane

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2022

If either party starts executing the contract terms, then it is probably enforceable by either party despite the error. Are you trying to get out of the contract? What is your objective?

1 Answer | Asked in Contracts and Criminal Law for Tennessee on
Q: OK a friend willingly put a car in his name for me but a month later reported it stolen cause I wouldn't move in wit me

the car was supposed to be in both of our name but when I got arrested I realized the car lot only put it in his name, I was arrested and was put in jail for 3 days, I put the money dwn on the car and was paying the car note.

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

What is your question? Hire a competent attorney now, because you are probably charged with a Felony and facing incarceration. Prepare for a vigorous Preliminary Hearing without fail.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I had a contract / bill of sale for food truck. 20 k down and 1000 a month following. He hasn’t paid the thousand

It was stated in contract of payment not made on time, ownership reverts back to seller. Is this mine legally to sell again

Anthony M. Avery
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Anthony M. Avery
answered on Jun 6, 2022

Is the truck in your possession? If not, and you did not perfect the lien on the title, then the buyer could sell it. You will need an attorney to look at the contract and the facts prior to doing anything else. Otherwise you could be charged with theft or conversion.

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: I have a contract to get a 4 seasons patio. The employee misquoted the price. They want to charge me 7k additional. Can

Can they do this? I have a signed contract. The job was 25000 and I’ve paid 12,000z

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Your signed contract probably allows the service provider all types of increasing the price for changes, materials, etc. Hire an attorney to review the contract and possibly negotiate a lower increase in the contract price.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Tennessee on
Q: can a car lot keep your down payment if they take the car back

I put a down payment on a car and 2 weeks later they called and said they were taking it back because I changed jobs. I was told it was illegal for them to keep my down payment. Is that true? Because they shouldn't be allowed to keep my money if they take the car for no reason. They have done... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2022

Both Parties can argue they are entitled to the money. But it is up to you to file for breach of contract, conversion, etc. in General Sessions Court, where you will have the burden of proof.

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: Owner of salon just sold business and new owner requires new contract to be signed by June 1st. Now does not wish to

Continue business relationship and asked me to leave. I am booth rental and have no contract with new owner, can she just tell me to leave or must she give me adequate notice?I am in Knoxville TN.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 23, 2022

if you had a contract with the prior owner/ a lease - then you may have an ability to rely upon this as to the term of same.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: we are purchasing land in the state of tennesse. Is it required that we use an attorney for a simple land contract?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 25, 2022

You are not "required" to use an attorney to purchase real estate in Tennessee. However, I would encourage you to consider using a real estate agent. There may be issues you are not familiar with that a real estate agent may be able to help with. You also may want to use or talk to a... Read more »

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: I am buying in Tennessee and have not signed a contract.

I am buying a rent-to-own home in TN. I have not signed a contract. Can I be charged a late fee, for first late payment?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 7, 2022

You may want to rethink this transaction. The landlord will probably keep whatever money you pay him and file a Detainer Warrant.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: My contractor hasn’t finished a simple job for 9 months. Can I just fire him or do I have to wait a certain # of days?

It’s a covered porch. Had to redo cement already. Is t building the roofline agreed to. I just want to cut my losses.

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.

1 Answer | Asked in Collections, Consumer Law, Contracts and Identity Theft for Tennessee on
Q: A person with the same name used to live at my address. The creditor sued and won a judgement. I never got notice.

Did the creditor win a judgement against anyone with that name at my address or against specifically the person who made the contract. Can I be considered liable for the debt? Do I need to countersue this creditor for the mistake?

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

You must hire an attorney. Setting aside such a Judgment will be difficult and will require some very precise pleadings. You will have to go to Court and prove you are not the proper Judgment Debtor. Time is running against you.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee on
Q: When a judgment is awarded in favor of the Plaintiff; How long before Writ of Possession can be executed? Same day?

The Plaintiff (Landlord) won the Detainer Warrant hearing by default as I could not appear due to my being hospitalized the night before the Hearing at 9 am. (However, I had no real defense, I was behind and had no way to come up with what I owed; 2 months rent, so I was expecting to lose at the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 8, 2022

If you are still in possession ten days after the Judgment, then the landlord can ask for a

Writ of Possession to issue. Usually the Sheriff will contact you to leave prior to force, but it is not required. Not going to Court probably forfeited your Security Deposit which you did not...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Contracts for Tennessee on
Q: Can I take legal action as an independent contractor against a company that didn't pay me even without a formal contract

Hi! Im an independent contractor working in the audio engineering field. Back in November, the company managing production for a local venue asked one of their regular independents for recommendations for more people to bring in and I was asked to come in for one day. After completing the gig, the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 4, 2022

If The company asked you to do the work -and you did the work- you should be entitled to be paid. The fact there is not a writing shouldn't prevent you from making a claim.

You may want to formally write them sending an invoice for your services - and if that doesn't work you...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Tennessee on
Q: I bought a business and learned 6 months later that it has three liens on the business assets. Any recourse I can take?

I have paid 85% of the contract price but stopped making payments because I want to sue the seller for the amount I’ve paid so far. Does the non disclosure of the liens by the seller open the door for breach of contract and refund?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2022

The Bulk Sale Law is probably violated. But you will need to examine your potential defendant. If no disclosure was made, then breach of contract may not have occurred. Obviously you did not check this out prior to purchase. Hire a competent attorney to examine your choices.

1 Answer | Asked in Banking, Civil Litigation and Contracts for Tennessee on
Q: 2 month old leased car stolen. Ins. paid bank directly. Bank kept all additional down payment 22K. and deceived me. ???
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2021

What is your question? Insurance will pay off lender not you, as you are not the owner.

Read your Contract, but it is doubtful that you have any contractual rights for a refund.

Hire an attorney for a consultation after reading your Contract which you agreed to. I doubt Equity...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Tennessee on
Q: We bought a brand new camper from a dealership. It came from the factory missing some things and some items were in non

Working condition. The dealership assured us they would have all repaired/restored to new condition under warranty. It has now been 6 months and they have not. I have been making camper payments all this time and it has sat on their lot waiting to be restored. I want my money back and to be... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2021

I recommend hiring a competent attorney to file an Action in Chancery for Rescission. You will not make any money but you should mitigate your losses.

1 Answer | Asked in Contracts for Tennessee on
Q: My girlfriend and I are both on the loan and title of my vehicle. Can she take possession of it?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 4, 2021

Apparently both of you own the vehicle, so either owner can use the vehicle. The lender can come after either of you for the entire loan amount.

1 Answer | Asked in Contracts for Tennessee on
Q: Language in a contract

as part of the consideration of this sale, the contract between the parties is by reference incorporated herein and made a part hereof; the terms and conditions contained herein shall survive the closing and shall not merge upon the delivery of the warranty deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 25, 2021

What is your Question? Each party's obligations continue pass the delivery of the Deed. What counts is the Title not the Contract of Sale.

1 Answer | Asked in Contracts for Tennessee on
Q: Signed a contract to buy property but unable to look for other properties. The original tenants are not moving out

Informed seller that we didnt want any tenants and notified realtors also. They are abligating to sign but the property is not available to move in. Seller will not amend this and will be incommunicado for 4 -6 weeks. We need to know what we can do.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 18, 2021

Read your Contract verbatim. It may be worth the risk to walk away from it. Or you may want to purchase then file a Detainer Warrant. Consult with a competent attorney. The Grantee takes subject to the right of possession of the occupant, which may be a breach of warranty by the Grantor. But... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is a 2 year verbal agreement grandfathered
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 7, 2021

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