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Tennessee Contracts Questions & Answers

1 Answer | Asked in Contracts, Child Support and Constitutional Law for Tennessee on

Q: If child support is funded by federal grants, how can DHS require repayment? isn't that fraud?

Mr. James Charles Wright answered on Jul 16, 2019

YOu might get more answers if you posted this under family law. But from a general standpoint- DHS would likely be authorized to carry out the program and to seek reimbursement of payments made.

1 Answer | Asked in Contracts, Child Custody and Child Support for Tennessee on

Q: Can you sue the DHS if they caused financial hardships due to negligence on their part?

Mr. James Charles Wright answered on Jul 16, 2019

It would be difficult to sue a government entity. You would likely need a lawyer as a result of the defenses to any such action.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: Contractor never finished job as contracted, they have kept us waiting for a whole year, can we file a small claim?

We initially contracted the company to pour concrete on our patio, but after taking the down payment, they only pour a small corner. We have called and demanded them to either finish the job or return the money, but they only say they will get the job done. This has led on for a whole year, can we... Read more »

Anthony M. Avery answered on Jul 15, 2019

You have a 6 year SOL, unless a contract says otherwise. Yes, you can sue for Breach of Contract, and maybe other causes of actions. But you need to know exactly who to sue and where to serve them. Good luck collecting any judgment. The best you may be able to do is get a judgment, then file... Read more »

1 Answer | Asked in Contracts for Tennessee on

Q: Can a cemetary board of public cemetary., revise original ordinances of public cemetary without notification to people

Bruce Alexander Minnick answered on Jul 9, 2019

In most cases the answer is no. However, most administrative boards do not have to do much more that advertising their intent to change the rule in some publication, and then hold a public hearing to allow public input, before they change the rule--or promulgate a new rule.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on

Q: If maintenance causes damage to our personal property, are they liable to replace it?

We originally had an issue upon move in of a frozen ac unit, maintenance came and “rigged” it to run anyway to get through Memorial Day weekend. They didn’t come back until we called again to ask when they were coming.

They came today and shut off one of the units. After about an... Read more »

Paul E. Tennison answered on Jul 9, 2019

Based on the facts as you described them, they should replace your property that was damaged. The way you are going about it by emailing them pictures of what is damaged and requesting reimbursement is good. That could work. If they are unwilling to reimburse you after that, your next step could be... Read more »

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1 Answer | Asked in Contracts for Tennessee on

Q: If I am purchasing a home with contract for purchase and I have not gotten private financing, can I lose house in TN

I was supposed to get private financing for Contract for Purchase in TN years ago and now the original owner has died and her daughter gave me a 30 day notice. Can I lose my house?

Anthony M. Avery answered on Jul 3, 2019

Yes. A Contract For Deed is only a Lease with an Option to Purchase. Unless you have a Deed, you do not own anything. You may wish to immediately obtain financing for the amount owed and demand your Deed. If the owner does not convey the property to you, you can sue for Breach of Contract... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Tennessee on

Q: Do most insurance companies settle out of court

Timur Akpinar answered on Jun 19, 2019

If you're talking in the realm of accidents, many settlements do take place out of court. It could all depend on the case. If both sides are more or less aligned on who is at fault, they agree on their figures for reasonable damages, then they will likely settle out of court. If they can't agree on... Read more »

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1 Answer | Asked in Contracts for Tennessee on

Q: Can I be sued if closing date was changed and I didnt sign new closing date contract, and ask for closing date

I lost the house I was buying because of this change

Mr. James Charles Wright answered on Jun 13, 2019

I hate to say this but... it depends.

If the closing didn't happen because you didn't sign an extension to the closing date- and you were not otherwise in breach and there was no requirement under the contract for you to extend then - although you can be sued- you should be successful....
Read more »

1 Answer | Asked in Employment Law and Contracts for Tennessee on

Q: I am an independent contractor for Uber Eats and while I was working for them my tire got damaged plus I spilled ( below

(Continued from above )Plus I spilled a drink from one of the orders on the floor in my car which I had to pay to have cleaned because the server didn’t prepare it properly. Is it possible to get compensated for that

Bruce Alexander Minnick answered on Jun 10, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for Tennessee on

Q: Will Tennessee come get me in Dayton beach Florida if I have a warrant for probation violation

Timothy Denison answered on Jun 9, 2019

If they find out where you are, most likely they will, yes.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on

Q: If I am presently renting but I have the option of buying a home. Can I break my current lease to buy a home and not owe

Will I have to pay out my current rental agreement. I live in Memphis, Tennessee

Mr. James Charles Wright answered on May 28, 2019

This will totally be controlled by the language of your lease with an option to purchase document. If you are violating a term of the lease the lease will generally provide a default remedies provision. Also, if there is some provision that let's you out of the lease then it should be spelled... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Anthony M. Avery answered on May 22, 2019

You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »

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2 Answers | Asked in Contracts and Collections for Tennessee on

Q: I received a post card from the Blount county Court Ten. Stating legal process has been issued by the court and forward

And served.

It states this is not a arrest warrant.

My docket # is CV25386 Can you tell me what kind of case this could be?

Anthony M. Avery answered on May 13, 2019

Obviously a civil case. But you need to call the Court Clerk and ask. It may be Sessions, Circuit or Chancery Courts. It is probably from General Sessions Court. If you do not respond, possibly a Default Judgment will go down against you, so call today.

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2 Answers | Asked in Contracts and Criminal Law for Tennessee on

Q: If the arresting officer was not at court, could you still sign your deal?

My boyfriend has been in jail for almost 6 months now. He got arrested for drugs and guns and they sent the drugs off to see what they were. Tuesday the judge said he had time served and that Thursday he could sign his deal and get out Wednesday. However, the arresting officer was not there and now... Read more »

Bruce Alexander Minnick answered on May 10, 2019

Your boyfriend was told by the judge that he (the judge) was not going to let him sign any deal or otherwise let him go home unless and until the arresting officer appears in court to testify. You are advised to hire a lawyer to try to subpoena the arresting officer for the July trial. If the... Read more »

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1 Answer | Asked in Contracts for Tennessee on

Q: In the State of TN, can the assignee of a vendor contract change the terms of original contract?

Contract with vendor was assigned to another vendor. Other party to the contract cancelled the contract based upon the cancellation terms spelled out in the original contract that was assigned to the new vendor. Can the assignee of the contract ( new vendor) change the terms of original contract... Read more »

Anthony M. Avery answered on May 6, 2019

Your question does not make sense and is probably incomplete. If one contracting party properly nullified the Contract, then the Contract is void whether it was assigned or not. And generally the assignee gets the same original Contract unless consideration is given to the other original party... Read more »

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 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 Contracts, Civil Rights and Education Law for Tennessee on

Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you". Recently, I asked the... Read more »

Bruce Alexander Minnick answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
Read more »

1 Answer | Asked in Contracts for Tennessee on

Q: Does a seller (company) have to give the buyer (homeowner) a copy of signed contract at the time it is signed in TN?

I'm assuming this would fall under home solicitation sales. It is a termite control contract. Did not know if a copy of agreement could be emailed later, or needed to be given to customer at the time it is signed.

Anthony M. Avery answered on Mar 26, 2019

I do not believe the Seller or Agent has to give the Purchaser a copy of any executed Contract. Even if there was a mandate in the Contract itself, if both Parties agreed by their Signatures and the Contract is Delivered to the Party which must execute most of the Terms besides payment of... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Tennessee on

Q: My landlord said I had to move in 30 days so she can renovate the house this is before my lease is up is that legal?

The lease I signed is with a family member who said in the lease I was responsible for all repairs however when I moved in the house who is in very bad condition I had to pay for the electric panel to be replaced

Anthony M. Avery answered on Mar 20, 2019

If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract... Read more »

1 Answer | Asked in Contracts for Tennessee on

Q: Under contract with a national propane company can you be denied without notice in Nov 2017-2019 fuel to heat my home.

I was given the option to pay addtl 175.00 to have delivery. Each time I had contact there was an excuse, lost order, driver sick, and also told I could have delivery for an addtl 125.00, and if I ran out an addtl 50.00. They forced me to run out. Gave me no notice they would not deliver for... Read more »

Anthony M. Avery answered on Mar 12, 2019

Not sure of your question. If you are concerned the Oil company can terminate a Contract, then it must be read verbatim. Even if the Seller cannot terminate delivery as they have, then you may not have any or a small amount of damages. The place of litigation is probably in the Contract, and it... Read more »

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