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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I left with telling my slum lord, our lease expires 3 years ago . We had to leave mold holes in the floor

1. Lease expires 3 yrs ago

2. House no liveable, home health said it was not safe , water bill 280.00 every mother because of leaks

3.we left without telling him

4. We left may 6,2024 rental contact expired 5. now he sending the 10 % and the rent amount like we still live... View More

Anthony M. Avery
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answered on Jul 22, 2024

What is your question? Pay rent with a check.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My mom died last year and my dad passed the other day I have always lived with them

My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More

Anthony M. Avery
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answered on Jul 18, 2024

You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More

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

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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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I recently applied for home equity loan and found 2 judgements on the title from my wife now ex wife.

They renewed the 1 judgement and is there anyway I can get this dismissed as we are not married for the last 6 years ..I also had a bankruptcy 8 years ago and kept the house and has always been in my name..

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answered on Jul 10, 2024

If your wife never owned your property then her judgment lien never attached to your title. Hire an attorney to carefully search the title. If lien is only against her, and never attached to property, than borrow money elsewhere if necessary if present lender mistakenly believes your title is... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: My neighbor recently had a survey done of the property line between our houses. She became very upset when my son walked

through her yard. There are now three rebar survey markers protruding above ground about eight inches with a pink string running the length of the property. Our terrain is very sloped and I am worried that someone could injure themselves if they fell on a marker. She refuses to remove the... View More

Anthony M. Avery
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answered on Jul 8, 2024

No...You have a possible boundary dispute. If you agree with the monumented corners, then those are your corners also. You can put rubber caps on them if you want.

1 Answer | Asked in Small Claims and Real Estate Law for Tennessee on
Q: I purchased my home over nine years ago. I had an inspection and everything he found we turn it over to the seller and

he fixed it but it was just minor stuff. I’ve had issue after issue with this house ever since especially the plumbing. Warranty company won’t pay because there’s a water house stuck in there. Don’t have a clue how it got in there and that’s probably that cause of all the plumbing issues... View More

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answered on Jun 20, 2024

Whatever residential disclosures that were made by the seller or real estate agent are way outside the SOL for suit. However a breach of contract action on your Warranty might not have run. Hire an attorney to look at your Warranty, examine your damages, and then file suit. If damages are... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What do you do when you have a signed contract for real estate purchase, and then the seller walks away?

I submitted a contract with earnest money to purchase a home. The seller went silent right before closing. My (buyers) contingencies were that HVAC leak be repaired and that boundary encroachment be resolved. The seller's contingencies was that my current home be sold so we could close early.... View More

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answered on Jun 18, 2024

Apparently the contingencies have not been cured, so the contract on its face is voided. If you paid out earnest money, ask or sue in GS for it back. With that many serious problems, you knew it would not be executed. Suing for Specific Performance would be crazy. Buy elsewhere and hire... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Hi my dad has passed away he lived in Tennessee he he lived with a companion but there not married deed is on his name

Do I have rights to have deed changed in my name

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answered on Jun 2, 2024

The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Landowner is mentally disabled the brother that had power of attorney died

The late brother had a verbal agreement with my uncle to stay in the home in TN while the brothers lived in FL.

The late brothers daughter wants my uncle out today no notice no eviction. She wants him gone and is even treating to call cops. What can he do he has lived in the house for 7... View More

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answered on Jun 3, 2024

Disabled Brother should try to get a lease. Otherwise at some time in the future, the heirs will file a Detainer Warrant and remove him.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Correction of deed-- what to do when the previous owner-seller is not available to sign ?

My vacant lot is in escrow and in order to close filing the correction is needed ( a legal description not complete ).

The previous owner is not able to be reached. How to proceed?

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answered on May 31, 2024

You will need to hire an attorney to cure the title defect. A title search will be required first and then the attorney can analyze how to cure the title defect. You should have known about the title problem a long time ago. Some defects cannot be cured except by lengthy time periods under... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Who files a Deed of Correction ? current property ( vacant lot ) owner or a previous one?

I have completed and recorded a warranty deed myself in Washington county,Tn ( inexpensive vacant lot) while purchasing the land. Now I am selling the lot and the property is in escrow . When preparing the deed I have put a very abbreviated legal description. The previous deed contained a full... View More

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answered on May 31, 2024

No... Deed is conveyed by the grantor only, not the grantee.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: i am a tenant in house that has been recently sold. i still have time left on my lease. who do i pay and when
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answered on May 28, 2024

You owe rentals to the new owner. Contact him and get the address for payments.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Is there a work around in TN to permanently live in an rv on my own lot if land?

I live in an rv on a long term lot. I want to buy land and move the rv and live in it full time. Does removing the wheels and putting it on a foundation change it to a mobile home or still an rv

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answered on May 20, 2024

What is your question? Zoning Ordinances may affect you in some Counties, which should be checked prior to land purchase.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: In a valid 'Last Will & Testament' w/ a 'real property' that has a direct beneficiary listed, can this by-pass Probate ?

In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct

beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More

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answered on May 16, 2024

The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
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answered on May 13, 2024

Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was taken by my lien holder. I lived there for 20 yrs. I'm in Tennessee, how do i claim surplus money for the s

The property sold for 230k I owed less than 100k . This all happened July-Aug of 2023

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answered on May 9, 2024

Hire an attorney to sue the Trustee for the money. The surplus will not be as large as you think as the noteholder has all the discretion in adding up the total debt. You must sue fast, and collection of the judgment can be difficult.

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 Real Estate Law for Tennessee on
Q: Zillow listed my house on there site. My house has never been for sale. What can I do to have them removed the listing
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answered on May 9, 2024

Filing an action for an Injunction will be expensive, but would be successful. A tort damage suit would not. be. If there is a real estate agent involved, then file a complaint with the commission, which should get some results.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The location of our well was never disclosed. It's on the next door property.

We have owned the home for four years and just recently found out our well is shared and about 120' off our property. Do we have any legal recourse against the seller?

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answered on May 7, 2024

More than likely there was a Residential Disclosure Statement made by the grantors. Did you read it? Even if it lied about the waster supply, the 1 year SOL has passed. You need to search your title and the title where the well is situated. There may be a breach of covenant there, but it is... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Lawyer had mother sign Life Estate deed for herself, but she didn't own the property.

My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between... View More

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answered on May 3, 2024

Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.

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