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 »
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... Read more »
Signed agreement with roofing company. I had 5 days from insurance approval to explore my options. I told them on day 5 I was not interested. They said since I signed the contingency, I owe them $1000. I was never given a copy of the form, nor informed of that clause. They only stated they got the... Read more »
Contingency about what? Was there ever an actual contract? You might need to read the contract and then act accordingly. But if you really want your money back, you will have to hire an attorney to sue in Sessions, and it may not be worth it. And you may not be entitled to the money's return,... Read more »
That could very well be a breach of contract. You should consult with an attorney to review your contract and the circumstances of the transaction. If the seller did not honor the terms of the contract then you may have to file a lawsuit to obtain your money back.
I got in speedwell tn state trooper i had sezure about year ago that's why there suspended
You need to find out from the Department of Safety what you need to reinstate the license. Then spend the money and time to do it fast. Campbell/Claiborne Judges and DA's should give you a continuance if you honestly try to get a TN DL, Insurance and a Bumper. If there was a wreck, then it will... Read more »
We live in front of the school entrance by and every year we can not get in or out during the drop off in the morning and pick up in the afternoon school board says it's a city issue and the city says it's a school zone so it's school board problem
Need more facts. But perhaps you could sue to declare the issue a private/public nuisance and seek relief. Best option is to consult with local counsel to determine what, if anything, you can do.
I was hoping I could get someone to summarize The Tennessee Meat and Poultry Inspection Act
This is a very broad question. The Act is codified at TCA 53-7-201, et seq. Justia has the full text of the statutes on this website.
It's possible part of your post was left off; there wasn't a question included here. You could try reposting so that a Tennessee attorney could see your question. As a general note, the homeowner should be given the opportunity to review the terms and sign; at the same time, technicians can... Read more »
Although the lease stipulated that the renter (me) would pay for the electric utilities, at no time during the course of the lease (nor the five or so months following its end when I resided on the premises as a month-to-month (leaseless) tenenat) did the landlord broach the subject of the... Read more »
Review the terms of your lease. That may contain the answer. Security deposits can be used for unpaid utilities subject to compliance with the lease and/or the Landlord Tenant Act.
While it's possible to legally analyze this from the standpoint of whether the material was abandoned, what did the contract say about leftover material, etc., it could be more simple and practical to look at it as a matter of common courtesy. Send the contractor an email, and if they reply that... Read more »
Generally it is 6 years from the last payment or the maturity date, whichever is earlier. There are variables, usually contained in the Note itself or a Modification.
I counted votes with reality company board hired. President now had several proxy’s that looked fishy. They verified their own proxy’s. Our board is a bit shady and now to have the same president and treasurer to stay on board. We have requested financial reports with receipts and have gotten... Read more »
You may want to consult with an attorney. HOA cases are not easy to win as a plaintiff. This is because the legal standard that applies usually favors whatever action the HOA takes. There are limits to this deference to the HOA though. Outright fraud may be actionable. The facts here that... Read more »
Im liable for the money unless i truly believed the check was good? And i even offered to pay the bank back in installments if theyd draw up the paperwork, but he said no and now it's gonna be a lot more! Help!
I believe I already answered this question when originally posted; and since you still do not understand why you are liable for the money that the bank lost on the bad check you deposited allow me to try again to explain.
1. All bank customers who deposit checks that later bounce are... Read more »
In the claus it says only won't be liable if i truly believed the check was good. I can prove i did. I thought I was being hired for a job.. Am i still liable? And how can I find a lawyer pro bono?
Please. You do not need a lawyer; and you will never get one to take your case "pro bono." Why? Because proving that you "...truly believed the check was good" does not somehow make the check good.
FYI: Whenever a check you deposit bounces you must repay all the money the bank lost, plus... Read more »
They helped us mive from GA to TN 2 years ago. We made a partial payment to them and they moved most of our stuff. They had to go back and get a few remaining possessions and have held onto them while waiting for us to pay the remaining balance. We've had financial difficulties and have discussed... Read more »
You will need to talk to a Georgia lawyer. Most States have laws for warehouse liens, etc. After awhile, the Bailee/Landlord runs an ad in the paper, then either sell or own the stored items.
You could consult with a Tennessee attorney about such a case, and some of the fundamental questions that would arise are: what damages did you sustain, and are there medical records to support those damages.
Tim Akpinar
I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the... Read more »
Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced... Read more »
We were not backwards on the car trade. The manager has admitted we were screwed by the salesmen, but will not correct the contract to reflect the MSRP. What I have read they can only charge more for MSRP when the price is publicly advertised (it was not), and according to the Federal Monroney... Read more »
I doubt you have any type of legal remedy. You might hire a lawyer to sue to Rescind the Purchase, but continuing to use the car will defeat your possible case. It appears that you ultimately agreed to the price, unless you did not sign a Bill of Sale, or a Note and Financing Agreement.
Breeder won’t refund money on sick puppy. I haven’t signed any contracts. She still has the puppy. Can I get my $500 back?
You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.
issues.
In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.
In 6/18, I... Read more »
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank... Read more »
The usual Statute of Limitations is six years from date of Contract Breach. That is from your last payment under the Contract. Sometimes the Contract Terms state a different SOL. You need a competent attorney to force them to prove the date of breach, and you must plead the SOL.
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