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Tennessee Real Estate Law Questions & Answers
0 Answers | Asked in Contracts, Real Estate Law, Constitutional Law and Municipal Law for Tennessee on
Q: Are there any TN HOA laws that protect owners?

HOA mandates a single rental co. They are not affiliated with the resort but allowed to operate out of a bldg on site, rent free. The management co also operates 2 additional businesses from that property. They never bid out this job and the contract is grossly in favor of the company and not the... Read more »

0 Answers | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: Do I have grounds to sue a developer if the original HOA covenants were misleading/incorrect per an addendum?

Bought a condo from the developer in 2019. Received the covenants prior to closing. Asked many questions about why the developer was on the HOA board and chose the board members and why we continued to pay top dollar to use his vendors. Finally received an addendum to the covenants in 2021 that the... Read more »

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Can an HOA create unequal rules? Eg. assigned parking spaces for some but not all units

Only townhomes with parking spaces sitting in front of a door in a common lot

0 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Tennessee on
Q: Can property owner remove/destroy another persons mailbox on their property that still receives mail?

My mailbox was destroyed by a family member that is angry at me. I went to get my mail from said mailbox and it was gone. I was informed that is was torn up from ground. I still receive mail here actively from Social Security and my attorney for a disability case. The mailbox is on my fathers... Read more »

0 Answers | Asked in Probate and Real Estate Law for Tennessee on
Q: I need information on possibly contesting a real estate deed

I inherited my father’s property and was given false information on the condition of the property as well as the deed and I believe I was coerced into signing it to my uncle. The property is in Pulaski TN. This has happened within the last few months. Could I contest the deed?

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: How do I file a complaint about landlord not fixing my plumbing for 2months now.

I’ve paid out of pocket for a plumber to come out and fix my plumbing issue. I’ve filled several maintenance orders with the company. They sent a plumber almost a month after the third maintenance order I filed. The plumber they sent said the same thing the plumber I hired stated. Stating that... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My wife and I want to borrow $15000 from a parent to use to perform repairs to our property. Lien? Quitclaim?

We want to provide some security that we will pay the loan back. Should we use a lien on our property (Home), Mechanics Lien, or quitclaim deed? Or what do you suggest?

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

There are number of secured financing alternatives. A direct option is to give the Lenders a Note secured by a Deed of Trust against the real property improved. If the Note is not repaid, the Lenders Foreclose. Decent lawyers can draft and record such instruments. This can also serve for some... 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 »

0 Answers | Asked in Health Care Law, Estate Planning and Real Estate Law for Tennessee on
Q: Medicare and nursing home bill

In 2020 I put my mother in nursing home due to health. Her and my father signed property over to me in 2016. Nursing home says state might take it but nursing home says I can pay patients liability 531 a month however Medicare informed me that nursing home tried charge them 7500.00 month for her... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My mother passed with no will in Tennessee my brother, her 4 grandkids, her husband and I all live in the home help!

Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 24, 2022

If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in a Condo. community what percentage of the units can be rental property?
Bennett James Wills
Bennett James Wills
answered on Aug 24, 2022

Start by checking the HOA bylaws.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I made an offer in a house and had to back out, but there was never a mention of earnest money through any of this

I told the agent I had to withdraw my offer for financial reasons and she’s been telling me the sellers complaint has been making a big stink about it and said they were advising their client to speak to an attorney. Now today my agent is telling me no worries, it’s all good and sends me the... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 18, 2022

An attorney would need to review all of your documents to determine your rights and give advice on whether you should sign something. But if you made an offer using an agent in Tennessee, you very likely signed a Purchase and Sale Agreement on the standard TAR form when you made the offer. That... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: Dear Sir / Madam, In India, does an unoccupied flat in an apartment come under maintenance fee ?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

You probably need an attorney in India. But read the lease first to see if there are exceptions to the maintenance fee requirements.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I closed on my house yesterday. Today I receive a call that the buyer is mad about a area of drywall in the garage.

It’s approximately 20” around where the atv tires were rubbing and chewed it up. I didn’t think about any drywall discrepancies in the garage while signing my disclosure paperwork and I marked nothing was wrong with anything to my knowledge. Now they are talking about possibly contacting an... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 15, 2022

They could sue you - whether they prevail is another issue. But from these limited facts, it sounds like they didn't complete their due diligence prior to closing.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I just built a new home in Tennessee. After construction was finished a trailer park comes in.

I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 17, 2022

You might check the Zoning of the Tract for compliance. Septic Systems for 5 MHs on a couple acres might be a problem. If in violation, call the County. Or there may be a change in zoning going on now where you oppose it. You definitely want to check Access to that Tract, which may directly... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: House showing when rental home for sale

I allowed a showing yesterday of the house I am renting. I am moving in January when my lease is up and I want to help out the owners. The listing agent has not disclosed in the listing that the home is currently rented so 75% of the showings so far are for people expecting to move in. Yesterday,... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Talk to your landlord and ask them to deal with the agent. It sounds like the agent considers you a bother. That you want to have privacy and enjoyment of your home is not unreasonable, you are paying rent and are entitled to it. Its possible that your lease covers this situation and that may... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on
Q: What are examples of Color of Title when it comes to Adverse Possession?
Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

An invalid deed - such as one obtained under false pretenses. Or for other reasons such as a deed lacking proper signatures and seals.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My house has been paid off for over a year I'm supposed to sell in 11 days just found out the mortgage company Aileen

The mortgage company is Wells Fargo and they're taking their time what legal problems can they get into if they don't release it and they make me lose the sale

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Your title company should be handling this issue. Contact them.

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