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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Business Law for Tennessee on
Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2)... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: Are contingency agreements valid without a job estimate?

Signed agreement with roofing company. I had 5 days from insurance approval to explore my options. I told them on day 5 I was not interested. They said since I signed the contingency, I owe them $1000. I was never given a copy of the form, nor informed of that clause. They only stated they got the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2019

Contingency about what? Was there ever an actual contract? You might need to read the contract and then act accordingly. But if you really want your money back, you will have to hire an attorney to sue in Sessions, and it may not be worth it. And you may not be entitled to the money's return,... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Put a $15,000 tentative down payment on a log cabin kit did not get the kit and they won't give us our money back
Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

That could very well be a breach of contract. You should consult with an attorney to review your contract and the circumstances of the transaction. If the seller did not honor the terms of the contract then you may have to file a lawsuit to obtain your money back.

1 Answer | Asked in Consumer Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I got caught driving on suspended license and no insurance and bumper law what can happen?

I got in speedwell tn state trooper i had sezure about year ago that's why there suspended

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You need to find out from the Department of Safety what you need to reinstate the license. Then spend the money and time to do it fast. Campbell/Claiborne Judges and DA's should give you a continuance if you honestly try to get a TN DL, Insurance and a Bumper. If there was a wreck, then it will... Read more »

2 Answers | Asked in Consumer Law for Tennessee on
Q: How can you get school traffic not to block your personal driveway?

We live in front of the school entrance by and every year we can not get in or out during the drop off in the morning and pick up in the afternoon school board says it's a city issue and the city says it's a school zone so it's school board problem

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. But perhaps you could sue to declare the issue a private/public nuisance and seek relief. Best option is to consult with local counsel to determine what, if anything, you can do.

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2 Answers | Asked in Consumer Law, Products Liability and Agricultural Law for Tennessee on
Q: I’d really like to know more about The Tennessee Meat and Poultry Inspection Act, mainly out of curiosity.

I was hoping I could get someone to summarize The Tennessee Meat and Poultry Inspection Act

Bennett James Wills
Bennett James Wills answered on Aug 20, 2019

This is a very broad question. The Act is codified at TCA 53-7-201, et seq. Justia has the full text of the statutes on this website.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: A security system was installed in my house, the technician signed my name to all the documents.
Tim Akpinar
Tim Akpinar answered on Aug 2, 2019

It's possible part of your post was left off; there wasn't a question included here. You could try reposting so that a Tennessee attorney could see your question. As a general note, the homeowner should be given the opportunity to review the terms and sign; at the same time, technicians can... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord utilize the security deposit of a tennant's in payment of utility bills in the state of Tennessee?

Although the lease stipulated that the renter (me) would pay for the electric utilities, at no time during the course of the lease (nor the five or so months following its end when I resided on the premises as a month-to-month (leaseless) tenenat) did the landlord broach the subject of the... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 31, 2019

Review the terms of your lease. That may contain the answer. Security deposits can be used for unpaid utilities subject to compliance with the lease and/or the Landlord Tenant Act.

1 Answer | Asked in Construction Law and Consumer Law for Tennessee on
Q: had siding installed on my house. Is the leftover material mine as i have a use for it.
Tim Akpinar
Tim Akpinar answered on Jul 15, 2019

While it's possible to legally analyze this from the standpoint of whether the material was abandoned, what did the contract say about leftover material, etc., it could be more simple and practical to look at it as a matter of common courtesy. Send the contractor an email, and if they reply that... Read more »

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: What is the statute of limitations on bank account debt?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2019

Generally it is 6 years from the last payment or the maturity date, whichever is earlier. There are variables, usually contained in the Note itself or a Modification.

1 Answer | Asked in Consumer Law for Tennessee on
Q: Can homeowners request to look at the proxy’s that was filed from new election.

I counted votes with reality company board hired. President now had several proxy’s that looked fishy. They verified their own proxy’s. Our board is a bit shady and now to have the same president and treasurer to stay on board. We have requested financial reports with receipts and have gotten... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 2, 2019

You may want to consult with an attorney. HOA cases are not easy to win as a plaintiff. This is because the legal standard that applies usually favors whatever action the HOA takes. There are limits to this deference to the HOA though. Outright fraud may be actionable. The facts here that... Read more »

1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: So i was told I'd never get a lawyer to take my case.. I have more questions about banking though.. Like why does it say

Im liable for the money unless i truly believed the check was good? And i even offered to pay the bank back in installments if theyd draw up the paperwork, but he said no and now it's gonna be a lot more! Help!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

I believe I already answered this question when originally posted; and since you still do not understand why you are liable for the money that the bank lost on the bad check you deposited allow me to try again to explain.

1. All bank customers who deposit checks that later bounce are...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: Im being sued by a credit union. I was caught up by a, scam and lost over $3000. I asked b4 cashing the check. They ok'd

In the claus it says only won't be liable if i truly believed the check was good. I can prove i did. I thought I was being hired for a job.. Am i still liable? And how can I find a lawyer pro bono?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Please. You do not need a lawyer; and you will never get one to take your case "pro bono." Why? Because proving that you "...truly believed the check was good" does not somehow make the check good.

FYI: Whenever a check you deposit bounces you must repay all the money the bank lost, plus...
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1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Tennessee on
Q: Does a small moving company in GA have a legal right to dispose of our possessions due to unpaid remaining balance owed?

They helped us mive from GA to TN 2 years ago. We made a partial payment to them and they moved most of our stuff. They had to go back and get a few remaining possessions and have held onto them while waiting for us to pay the remaining balance. We've had financial difficulties and have discussed... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 16, 2019

You will need to talk to a Georgia lawyer. Most States have laws for warehouse liens, etc. After awhile, the Bailee/Landlord runs an ad in the paper, then either sell or own the stored items.

1 Answer | Asked in Consumer Law and Health Care Law for Tennessee on
Q: I swallowed a piece of plastic inside a ballpark hotdog can I sue
Tim Akpinar
Tim Akpinar answered on May 11, 2019

You could consult with a Tennessee attorney about such a case, and some of the fundamental questions that would arise are: what damages did you sustain, and are there medical records to support those damages.

Tim Akpinar

2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for Tennessee on
Q: Does a seller have a responsibility to sell what they advertise if they use as is in the contract

I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Apr 30, 2019

Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced... Read more »

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1 Answer | Asked in Consumer Law for Tennessee on
Q: New Car Dealer increased the price of the car by $ 14,387 and removed the sticker before negotiations were completed.

We were not backwards on the car trade. The manager has admitted we were screwed by the salesmen, but will not correct the contract to reflect the MSRP. What I have read they can only charge more for MSRP when the price is publicly advertised (it was not), and according to the Federal Monroney... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 18, 2019

I doubt you have any type of legal remedy. You might hire a lawyer to sue to Rescind the Purchase, but continuing to use the car will defeat your possible case. It appears that you ultimately agreed to the price, unless you did not sign a Bill of Sale, or a Note and Financing Agreement.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Tennessee on
Q: I put a down payment on a puppy in Monterey Tennessee. The puppy has parvo and breeder won’t return the down payment.

Breeder won’t refund money on sick puppy. I haven’t signed any contracts. She still has the puppy. Can I get my $500 back?

Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Q: Being sued by previous car lender, with issues.

issues.

In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.

In 6/18, I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2019

The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Gault Financial is taking me to court for a debt that is over 10 years old. Isn't there a time limit?
Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2019

The usual Statute of Limitations is six years from date of Contract Breach. That is from your last payment under the Contract. Sometimes the Contract Terms state a different SOL. You need a competent attorney to force them to prove the date of breach, and you must plead the SOL.

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