Tennessee Contracts Questions & Answers

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

1 Answer | Asked in Contracts for Tennessee on
Answered on Mar 26, 2019
Anthony Marvin Avery's answer
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 Consideration, the Contract is probably enforceable against a Breaching Party.

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?

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Mar 20, 2019
Anthony Marvin Avery's answer
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 has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...

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

1 Answer | Asked in Contracts for Tennessee on
Answered on Mar 12, 2019
Anthony Marvin Avery's answer
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 is not likely to be in Tennessee. Hire a competent attorney to review the Contract and advise you of options.

Q: If I want to pay to get off my lease and my mom co-signed will her name be removed when I get off the lease ?

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Mar 8, 2019
Anthony Marvin Avery's answer
That removal of all Lessees and Obligors needs to be part of your consideration for paying off the Lease. If they will not completely terminate the Lease, do not pay them the money. It may not be part of the bargain.

Q: My landlord just sold the house I've been renting and I'd like to move. Can I break the lease?

1 Answer | Asked in Contracts for Tennessee on
Answered on Feb 18, 2019
Mr. James Charles Wright's answer
Sounds like you can't terminate the lease on a transfer of the property if there is no language related to the transfer other than what you say.

Q: I’m in Tennessee and opened up a med spa with an Md . The Md is now saying I cannot be an owner because I’m not an md

1 Answer | Asked in Contracts and Business Formation for Tennessee on
Answered on Feb 18, 2019
Mr. James Charles Wright's answer
There is a medical spa law in Tennessee.

Go to:

https://www.tn.gov/health/health-program-areas/health-professional-boards/medical-spa-registry.html

You can also call.

Q: Real Estate Question on the Listing Extension Agreement Contract: 2 Owners, only 1 signs extension; 2nd owner refuses

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.

Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.

Q: Can a leasee in a rent to own agreement be made to pay property taxes?

2 Answers | Asked in Contracts, Tax Law and Landlord - Tenant for Tennessee on
Answered on Feb 7, 2019
D. Mathew Blackburn's answer
What does the contract say?

Q: can someone take pitcure of your house or your proputy with out asking

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Tennessee on
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes as long as they do not physically trespass upon your real property.

Q: Is there anything I can do to get my money back? Especially since I have him stating in writing that he would?

1 Answer | Asked in Contracts for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.

Q: how can I get possession of a car that I signed for and is titled to me

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already secured the collateral. The Lender must be dealt with also.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

Q: Can I term. a yr. lease for no particular reason? I'm 6 months through and told renter it would be done in 4 mos

2 Answers | Asked in Contracts for Tennessee on
Answered on Dec 11, 2018
Mr. James Charles Wright's answer
The lease terms will control whether either party can terminate early and under what conditions. In the absence of language in the lease, without the agreement of the other party you cannot terminate the lease early.

Q: What is the statue of limitation on signing a bond in the state of Tennessee?

1 Answer | Asked in Contracts for Tennessee on
Answered on Nov 21, 2018
Anthony Marvin Avery's answer
You have not given enough information. But generally Breach of Contract must be enforced within Six Years from the Breach.

Q: I had a sales agreement for 2,500 in writing, and other party is refusing to pay. Should I take it to court ?

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Nov 19, 2018
Mr. James Charles Wright's answer
It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).

Q: If I’m planning to assign a purchase agreement to a third party, do I need to specifically include an assignment clause?

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Nov 18, 2018
Mr. James Charles Wright's answer
I suggest including an assignment clause. Do not include approval of seller.

Q: If I signed a waiver for notice of default,what happens if my landlord decides to not accept my partial rent anymore ?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Nov 12, 2018
Anthony Marvin Avery's answer
The Landlord will probably file and serve a Detainer Warrant for you in General Sessions Court. He may just ask for Possession or he may additionally sue you for rent and damages.

Q: What kind of lawyer would I seek ?

2 Answers | Asked in Contracts for Tennessee on
Answered on Nov 6, 2018
Mr. James Charles Wright's answer
There were not any details provided.

Q: I checked the entire contract and there is nothing in there for them to terminate my contract.

1 Answer | Asked in Contracts for Tennessee on
Answered on Nov 6, 2018
Frank J. Steiner's answer
General Sessions, (small claims) has a jurisdictional limit of 25,000. If the damages are more than that it would be filed in Circuit. You really need to discuss this with a Lawyer before you proceed.

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