Lawyers, Answer Questions  & Get Points Log In
Tennessee Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it

I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

This is what I got from your post:

1. Your wife signed a lease and signed your name over 2 years ago.

2. You and your wife have been living in the property since then.

3. Your wife has now passed away.

You want to know if you are legally responsible under the...
Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How can an Architect w/ his own Firm (S-Corp, Prof. Corp.) in TN have a 50/50 financial partnership w/ a non-Architect?

Can he be a 50/50 shareholder?

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 12, 2020

Look at TCA 62-2-601 and 602 - This explanation is from the State's website: A corporation, partnership, or firm offering architectural, engineering, or landscape architectural services to the public may engage in the practice of architecture, engineering, or landscape architecture in... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: As a Notary, can you create legal documentations such as lease, living will, etc. as a service in a small business?

like sites such as Formswift, etc.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 7, 2020

a Notary can notarize documents. A notary should not create legal documents.

1 Answer | Asked in Contracts and Securities Law for Tennessee on
Q: Can I sue someone for violating securities laws in federal court for soliciting investment from me in a project?

- the person asked me for money to fund a record

- I gave money, person made record. I didn’t get the promised return.

- person is not licensed to sell securities

Robert W. Pearce
Robert W. Pearce answered on Oct 2, 2020

You can only sue under the Federal securities laws if you were sold a security. The test commonly used by the courts to decide whether you were sold a security is known as the Howey Test. If you were the only investor who made a loan for a specific return of interest it's unlikely you were... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 24, 2020

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Adam Savett
Adam Savett answered on Sep 10, 2020

It likely does not mean that. Don't worry, it doesn't mean you weren't approved either.

You see there are different parts of a loan - origination and servicing.

Loan origination is the process by which a borrower applies for a new loan, and a lender processes that...
Read more »

View More Answers

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I am in a rental lease that ends in June. My husband is being transferred out of state in two weeks for work.

Is there any legal way to get out of my lease for a job transfer?

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 9, 2020

Contact the landlord- The lease will control and it probably doesn't provide a way out under the circumstances. But most landlords will work with you - if you give them enough notice to find someone to replace you. So you may have to pay a couple of months rent. Some people are not paying... Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Under Georgia law can a seller bid on his own items in the auction?
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

Your question remains open for five weeks - you could consider contacting auctioneers. They might be able to direct you to attorneys familiar with the law in this area. It's a narrow field and might not be something that the average general business law/contract attorney deals with. Good luck... Read more »

2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 5, 2020

I am not aware of a prohibition on clauses that auto renew in contracts. But haven't researched the issue either. I believe there is at least one state that does restrict(and there may be others) so you would need to be careful whether you are contracting with someone in a state that may... Read more »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: I recently closed on a lot in TN which was not as-advertised, but survey was correct. I want to rescind/recover funds.
Anthony M. Avery
Anthony M. Avery answered on Jul 24, 2020

If there was a TN Residential Disclosure Statement which was false, you might sue for misrepresentation withing 1 year. Has a lawyer searched the Title? It may not be good and suit for Warrany Breach may be possible also. Absent blatant fraud, Rescission is probably not promising.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: My landlord just informed me that she would be going up on my rent $50 for the new lease that’s up at the end of Aug.

I asked her why the increase and she told me that she had families on a waiting list willing to pay more. I explained to her that I did not mind the increase and that she just went up and with everything going on that it just seems shady. She sent me a message back stating she would send my final... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 22, 2020

I am not sure the question. If you are wondering if the landlord can 1) raise the rent or 2) terminate and not renew - on a renewal - the answer would be in your lease which should have provisions as to how the lease ends- and perhaps renews. There is also generally "hold over"... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Tennessee on
Q: What are the laws when a breeder sells you a dog and the dog dies due to a illness the breeder knew about?

The breeder knew about the illness but didn’t tell us about the illness.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 18, 2020

It usually depends on the language in the purchase contract, but if the contract doesn’t cover this sort of illness or you can prove the breeder knew about the illness, you Can sue for your financial losses and vet bills.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I emailed my landlord I wanted to renew my lease for a year. She replied ok. Is it legally binding? I didn't sign anythn
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 14, 2020

Your lease will control how the lease is renewed. Look at your lease. The lease may automatically renew- unless you give notice of termination. It may renew if you give notice that you are renewing- either either of those- your notice was enough.

The lease could require a writing by...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Q: paid deposit for new rental but never moved in due to cancer diagnosis.Landlord refuses to return deposit.Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

You will probably have to sue for return of the monies in General Sessions Court. With a Judgment, you may have to collect.

1 Answer | Asked in Contracts for Tennessee on
Q: I bought a piece of property on contract till I sell my home Is it legal for owner to sell to another person

I’ve paid almost 52,000. To him

Now he trying to sell to another person

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 7, 2020

It may depend on the language in your contract to purchase. If your agreement is enforceable and you are not in breach you may be able to stop the person from selling the house again. You should talk to a lawyer.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

1 Answer | Asked in Contracts for Tennessee on
Q: A car dealership made a contract with me that says 0 Down, we signed the contract now they want a new New contract

With 400 dollars down on the new contract but there’s no box that says sellers right to cancel

Anthony M. Avery
Anthony M. Avery answered on Jun 25, 2020

You need to read the contract very carefully. But even with no cancellation term, suing the actual contracting party for specific performance will be expensive. Proving breach of contract damages will also be difficult, but a judgment might be collectible. A pro se suit in General Sessions might... Read more »

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

I would turn him to the local Sheriff's office and have them handle it as a theft charge.

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: A couple cosigned an agreement to lease one of the 3 bedrooms in my apartment. However, they never moved in.

I'm now liable for their rent, but the landlord will not provide me with their address so that I can serve them papers. How can I get the landlord to provide me with their address.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

If a couple co-signed on a Lease with you, you should know their addresses. The Landlord does not have to give them to you. If you can't find them, hire a private detective to find them.

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.