Lawyers, Answer Questions  & Get Points Log In
Tennessee Business Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How do I handle a potential business partner I don't really wanna pay 50 percent or even less.

I have an online business that I made with a friend but everything is in my name included the LLC but he is in a good amount of the footage that our online course provides but his name is literally on nothing except for about half of the videos. I do think he should be payed something but how do I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 26, 2022

Your post indicates that you are the only member of the LLC and from this I am assuming all of the online content is owned by either you or the LLC. You don't indicate the agreement with this other person - and you likely should discuss this with a lawyer rather than creating another post. -... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: I have a question, it was stated that it’s illegal for a dealership to ask for a down payment under some kind of federal

I over heard a dealer saying this does it have any truth?

Bennett James Wills
Bennett James Wills
answered on Oct 12, 2022

I think you are referring to a deferred down payment plan, which can be illegal depending on the language used in the purchase agreement.

1 Answer | Asked in Business Law for Tennessee on
Q: I own 79% of a Tn LLC my partners assaulted me can I remove them and sell the business

I went to pay payroll at my quarry. My partners secretly came into town and surprised me and held me at gun point taking my company truck physically assaulting me taking my laptop my card cards, then proceeded to erase my emails my domains on line trying to erase my existence in my business. I have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 11, 2022

What you are describing sounds terrible. You should likely contact the police to report this. Beyond this as to next steps with the business- will depend on your LLC governing documents. It will have procedures relating to the management, control and operation of the company.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: My general partner in our L.P. has recently died. How do I (limited partner) undergo converting to a sole proprietorship

My father (general partner) in our Limited Liability corporation has recently died and me (the limited partner) needs to convert the business to a sole proprietorship. What form can I access in order to undergo the conversion? If not, is a general partnership a better idea? Thank you.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 2, 2022

No form is going to meet your objective, and you are confused about LPs and LLCs. Hire an attorney to examine the business and its assets, and then advise a course of action. Sole Proprietorship means you individually own it. It may be very simple, instead of a formal Dissolution.

1 Answer | Asked in Business Law and Contracts for Tennessee on
Q: Can an IT company sell prepaid service or block of time and set an expiration date for those services to be used?

If 25 hours of service is purchased can they have an expiration date on when those service hours can be used?

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

Generally, yes. And if you do not like the terms and conditions of the purchase, then you do not need to do business with that provider.

For example, I just personally purchased an online continuing education course. I have to complete the course by October, or I lose the ability to access...
Read more »

2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... Read more »

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on May 17, 2022

I'm not a Tennessee attorney, but the answer to your question would be more or less the same in any state.

I agree with Mr. Wright. Yes, you should have an LLC out of the gate. A corporation is another alternative, but an LLC is generally the structure of choice for small...
Read more »

View More Answers

1 Answer | Asked in Business Law for Tennessee on
Q: Is it legal for a seller to transfer my information to another car without my permission?

I bought a car for $6500 from a seller I had to bring it back to him because it needed to be worked on, he gave me a loaner car until it was supposed to be done, he proceeds to tell me that he doesn't know what I am talking about this isn't a loaner car and that he transfered my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 9, 2022

The first car would be titled in your name or you would have paperwork where you bought the first car. The dealer cannot just "swap" the cars out without your permission.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: I am buying in Tennessee and have not signed a contract.

I am buying a rent-to-own home in TN. I have not signed a contract. Can I be charged a late fee, for first late payment?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 7, 2022

You may want to rethink this transaction. The landlord will probably keep whatever money you pay him and file a Detainer Warrant.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Tennessee on
Q: Can I use my Virginia formed LLC in TN?

I have an electricians license in TN as well as local business licenses. I have registered to pay business tax and franchise and excise tax on Tennessee. I live in Virginia and have formed my LLC in Virginia. Am I okay to use my local TN business licenses and my TN electrical license to perform... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

You could register your VA LLC in TN as a foreign entity.

1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Contracts for Tennessee on
Q: Can I take legal action as an independent contractor against a company that didn't pay me even without a formal contract

Hi! Im an independent contractor working in the audio engineering field. Back in November, the company managing production for a local venue asked one of their regular independents for recommendations for more people to bring in and I was asked to come in for one day. After completing the gig, the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 4, 2022

If The company asked you to do the work -and you did the work- you should be entitled to be paid. The fact there is not a writing shouldn't prevent you from making a claim.

You may want to formally write them sending an invoice for your services - and if that doesn't work you...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Tennessee on
Q: I bought a business and learned 6 months later that it has three liens on the business assets. Any recourse I can take?

I have paid 85% of the contract price but stopped making payments because I want to sue the seller for the amount I’ve paid so far. Does the non disclosure of the liens by the seller open the door for breach of contract and refund?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2022

The Bulk Sale Law is probably violated. But you will need to examine your potential defendant. If no disclosure was made, then breach of contract may not have occurred. Obviously you did not check this out prior to purchase. Hire a competent attorney to examine your choices.

1 Answer | Asked in Business Law for Tennessee on
Q: A member of our HOA owns 10 units and wants to be elected to the Board of directors. How can we prevent this?

She would have ten votes and all other Board members would have only one vote.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 17, 2021

The owner with 10 units would likely have 10 votes as a member to vote for the board members being elected. Unless the bylaws say otherwise, that owner would have one vote on the board. Each board member has one vote regardless of the number of units owned.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Tennessee on
Q: We bought a brand new camper from a dealership. It came from the factory missing some things and some items were in non

Working condition. The dealership assured us they would have all repaired/restored to new condition under warranty. It has now been 6 months and they have not. I have been making camper payments all this time and it has sat on their lot waiting to be restored. I want my money back and to be... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2021

I recommend hiring a competent attorney to file an Action in Chancery for Rescission. You will not make any money but you should mitigate your losses.

1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: My husband’s employer has been deducting ins. premiums out of his check every week since Nov. 2020 and not paying ins.

My husband has had almost $8500 deducted from his paycheck for insurance premiums that have not been paid by the employer. What recourse do we have? I feel we are owed that money back. Also, we’re getting bills now for medical services / doctors appointments that we assumed we had coverage for.... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 16, 2021

Contact the employer to determine - if this is not resolved contact the department of labor.

1 Answer | Asked in Business Law for Tennessee on
Q: I own 25acres of vacant land. Why am I not able to trade portion of land for a Vehicle through a dealership

Dealerships tell me that can't legally take land for trade.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 12, 2021

The dealership doesn't want to deal with the logistics of a title search and closing on your property. If you want to buy the vehicle - sell the property and then go buy your vehicle.

2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for Tennessee on
Q: I work for a restoration contracting franchise can we bring civil litigation against an insurance carrier that owes us $

1 insurance carrier owes us almost $20k going back to Labor Day 2020. Can we sue for that?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 22, 2021

If the insurer had agreed to pay for your work as opposed to the insured then the insurer may be liable. If your contract/ agreement is with the insured- and the insurer is supposed to pay the insured- then your customer may have to pursue the insurer and your remedy may be against your customer-... Read more »

View More Answers

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Discover Bank issued a credit card to my Sole Proprietorship but did not require me to sign a Personal Guarantee.

Am I personally liable for credit issued to my Sole Proprietor Name and Tax Identity Number if the credit card did not ask for my name and SSAN? They did not have me sign a Personal Guarantee?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2021

As a sole proprietor, you are personally liable for the business debts. You are the sole proprietor entity.

1 Answer | Asked in Real Estate Law and Business Law for Tennessee on
Q: Should the purchase of a commercial building be in the company's name or the owner's name for a single member LLC?

Building location: Elizabethton, TN

Building will be used for owner's business, a machine shop.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 3, 2021

You will need to consult with an attorney and get this advice. Many, many considerations are involved here, and there may not be a perfect answer. The LLC operating agreement must be read, applied or changed; Who will be the insured?; Liability concerns; the Member's Estate Planning;... 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.