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Tennessee Contracts Questions & Answers
1 Answer | Asked in Collections and Contracts for Tennessee on
Q: Customer won't pay for work/parts he authorized abandoned car won't take our call authorized work/parts = 1600 Car = 300

We have an electronic record showing he authorized the work, parts and the costs. He only paid $500 for it and appears to have been trying to "flip" it for profit. It seems he's trying to cut his losses leaving us with labor and parts already paid out on his authorization.

I know how to... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 8, 2019

Under Tennessee law, a repair service has a possessory lien on the vehicle for the cost of repairs- you can retain the vehicle until he pays for the work. At some point, you will need to file suit to collect the debt, and once you have a judgment, you can have the sheriff's office sell the vehicle... Read more »

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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2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Banking, Contracts and Collections for Tennessee on
Q: If a contract is drawn up that uses aspects of various titles and chapters in TN, is that contract valid if its signed?

Specifically Title 45 chapters 12 and 15 and Title 47 chapter 9 in TN state law. Using, not one set, of complete code guidelines, but pieces of all of them.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

The contract can have whole statutes or partial statutes. It can be whatever the draftsman wants and the parties agree. Hire a competent attorney to examine it and see if it is enforceable, complete, unambiguous and non-contradicting.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: It's been 2 months since I moved out of my rental and the landlord hasn't refunded my deposit back.

I asked about it and they said they returned it back to the last owner of the house. What actions can I take?

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

You can file a Civil Warrant against the Landlord for Breach of Contract. It may not be worth your effort, and it will probably take an attorney to collect it, if at all. Sometimes you can file a Judgment Lien after the Judgment is given.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a contract suspension be perpetuous?

Speaking of a Music Publishing Contract. (Entertainment Law).

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 5, 2019

I am anticipating from your question that a party is suspending performance or request for performance for an indefinite period of time - I don't have enough information to respond to your question and the contract and facts would probably control the answer. If the contract provides that either... Read more »

1 Answer | Asked in Contracts, Products Liability and Construction Law for Tennessee on
Q: How much of a down payment can you ask for when building storage sheds?

What kind of contract should be written up?

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

Basically that is up for negotiation. Some contracts say they pay for materials up front, some say a percentage of the total contract. Ask around. The contract is for the performance of services. If you are getting into that line of work you might want to invest in an attorney drawing up the forms... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What happenes if seller doesn’t honor contract
Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2019

Read your contract verbatim. It may have a liquidated damages clause. Otherwise the buyer can sue for Specific Performance of the Contract. Alot of times the seller owes a commission to the agent, and there may be an earnest money fund up for grabs. But the buyer had better performed a title... Read more »

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1 Answer | Asked in Contracts for Tennessee on
Q: Can I get out of a contract for $10,325 for 6 dental crowns - signed yesterday 8/22/19.

Put down $1,395 for appointment for first 2 crowns on 9/16/19.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 25, 2019

Probably; but you MUST ACT RIGHT NOW. If the dentist orders the gold or other pricy material you may be stuck.

2 Answers | Asked in Contracts for Tennessee on
Q: Does Tennessee have a cooling off period for selling a home.

I sold my home and felt pressured to do so. I let them know a few hours later and they said no it was final.

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2019

Not at all. You may wish to read your Contract of Sale as it may have a liquidated damages term that you might be able to live with if it is enforced. You might wish to amend your TN Residential Disclosure Statement. Are there any encroachments or other title defects? You may not be able to... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: My question is regarding terminating a lease in Tennessee.

I have a landlord who has openly said to my husband and I that he hid wires in the breaker box to pass the electrical inspection so he didn’t have to fix it “the right way”. He was supposed to fix the driveway a month ago and hasn’t, he was also supposed to fix the steps to the front porch... Read more »

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

All the Landlord can do is sue you, then try to collect a judgment. If he sues then file your own Civil Warrant for the Security Deposit and whatever remedies that apparently the Landlord/Tenant Act allows for you if you are in one of those Counties. Keeping the Leasehold in a habitable... Read more »

2 Answers | Asked in Contracts and Employment Law for Tennessee on
Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 12, 2019

I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your... Read more »

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2 Answers | Asked in Banking and Contracts for Tennessee on
Q: How do I get compensated for Timeshare fraud? I have a team calling me saying that they can get my money back if I pay t

I am a victim of Time Share Resale fraud. I reported it to the state of FL. Now some 3 or 4 yrs later I now have a company named Consult and Recover saying that I have been approved for slot 63 of 65 for a payout since the Fraudulent people have been caught. The money is in an offshore account and... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 5, 2019

From just reading your question, the first impression is that you're dealing with a scam. However, if that CA attorney checks out, then it may not be a scam. One would need much more information to make that determination.

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1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: Rented a cabin for a week, first day we find a bug infestations. They are offering to move us tomorrow but to stay atm.
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 22, 2019

I am not sure what your question is. If you are unhappy with your arrangements- ask for a credit or other benefit.

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
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
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
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
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
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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