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Tennessee Contracts Questions & Answers
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

Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

This is the type of question that you should consult with a business attorney to discuss. An experienced attorney would be able to answer this question and likely improve the draft of your current contract in other ways to make it more favorable to you then whatever you are currently using. Good... Read more »

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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 »

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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...
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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.

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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 »

1 Answer | Asked in Contracts for Tennessee on
Q: How can I get rid of a car with joint ownership.

My son and I own a car together with our names separated by the word and on the title. He couldn't get the car alone. The problem is even though he pays for it it's on my property and I want it gone. He is an alcoholic and usually is in no condition to drive it. Is there a way I can get... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 8, 2020

So you are on the loan / note for the car. I wonder who is providing / making sure there is insurance in effect on the vehicle. If your son is in an accident you will be liable as an owner of the vehicle. There is another concern in regard to further liability if your son is an alcoholic and... Read more »

1 Answer | Asked in Contracts and Child Support for Tennessee on
Q: hello i sign a contract and i used V.C. before my singature do they still have to honor the contract
Mr. James Charles Wright
Mr. James Charles Wright answered on May 26, 2020

You signed the contract indicating you have signed under duress. The other side may not "honor the contract" with the additional notation as duress can be used as a defense to the validity of a contract.

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Tennessee on
Q: Pawn shop sold my items during state of emergency in tennessee what can i do
Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You might consider filing a Civil Warrant for Conversion in General Sessions. The exact name of the Shop must be listed as Party Defendant, and you must properly serve it.

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2020

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... Read more »

1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

1 Answer | Asked in Contracts, Adoption and Animal / Dog Law for Tennessee on
Q: Animal rescue is rescinding an adoption contract

An animal rescue is trying to rescind an adoption and obtain a warrant to take back my puppy stating I am hoarding animals due to a dog fight on my property (5 cats & 5 dogs). I got rid of the vicious dog (foster - 6th dog) and the puppy was nowhere near the fight; kept apart from all others on... Read more »

Paul E. Tennison
Paul E. Tennison answered on May 4, 2020

I recommend you consult with an attorney. In general, anyone that has a contract in Tennessee could sue the other party for breach of contract allegations. Whether there was in fact a breach is a question of fact that would be determined by the Jury (if a jury trial) if the case proceeds to trial.... Read more »

1 Answer | Asked in Contracts and Consumer Law for Tennessee on
Q: Being charged ON Campus fees (for an ONLINE course) when no campus services are available be deceptive business practice

Being charged ONLINE fee and ON Campus fees when the course is only ONLINE. There is no benefit graduate students have from these ON CAMPUS fees and no lecture is given ON CAMPUS due to the course being ONLINE.

CAMPUS is now closed yet graduate students still being charged for ON CAMPUS... Read more »

Frank J. Steiner
Frank J. Steiner answered on May 1, 2020

Interesting situation. While I agree completely that you should not be charged for on campus services if you are engaged in-line. It would depend on the contract between you and the university. I would first contact the Registrars office by telephone to attempt a resolution

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