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Tennessee Contracts Questions & Answers
1 Answer | Asked in Contracts for Tennessee on
Q: Signed a contract to buy property but unable to look for other properties. The original tenants are not moving out

Informed seller that we didnt want any tenants and notified realtors also. They are abligating to sign but the property is not available to move in. Seller will not amend this and will be incommunicado for 4 -6 weeks. We need to know what we can do.

Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Read your Contract verbatim. It may be worth the risk to walk away from it. Or you may want to purchase then file a Detainer Warrant. Consult with a competent attorney. The Grantee takes subject to the right of possession of the occupant, which may be a breach of warranty by the Grantor. But... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is a 2 year verbal agreement grandfathered
Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

What is the question?

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Tennessee on
Q: How would you go about recovering money paid on a contract for deed?

I have been making payments on a contract for deed only to find out that the person recieving payments is not the deeded owner. Would this be considered felony fraud? Should I contact the sheriff?

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2021

You can try to get the Sheriff to get a Warrant, but it is doubtful. Put together proof of payment, the Contract, and the actual owner's Deed. More than likely You are left with suing your contracting party for breach of contract, fraud, and any other appropriate causes of action. Hire a... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can someone who has a contract for deed from the deeded property owner issue another contract for deed to someone else?

I have a contract for deed from someone who is buying property on a contract for deed already from someone else. Meaning the person who I pay is not the deeded owner and they do not have their contract for deed recorded. Is this legal in Tennessee? Can someone who is not the deeded property owner... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 11, 2021

No. You should speak to an attorney. This could turn out badly.

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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 »

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1 Answer | Asked in Consumer Law, Contracts and Public Benefits for Tennessee on
Q: I was an apprentice for a shop for 3 years and was about to receive my piercing license but the owner and I had a disput

They did not allow me to obtain my license. This was 2011. What do I need to do to obtain my legal license for piercing? I do not want to go through an apprenticeship again since I still hold the knowledge. Hope you can help!

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

You must contact the Regulatory Agency in Nashville that handles such a License. They are the ones that issue the License.

1 Answer | Asked in Contracts for Tennessee on
Q: Can I make a copy of the person's ID (drivers License) at check in to a hotel
Anthony M. Avery
Anthony M. Avery answered on Jul 7, 2021

If the licensee gives you permission to, then yes. But otherwise you are subject to the licensee claiming identity fraud.

1 Answer | Asked in Contracts for Tennessee on
Q: If I have a verbal agreement to vacate and the landlord is aware do I have to sign a contract still?

A verbal agreement was made between me my roommate and landlord on when I must vacate do I legally have to sign a contract with my roommate still?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 2, 2021

Sometimes people can remember verbal agreements differently -

If you signed a lease on the front end, it would be best to clearly set out in a writing how the lease ends as to you. This would include your roommate -as you don't want either making a claim against you later.

1 Answer | Asked in Contracts for Tennessee on
Q: If contract to sell states property as is, does that include washer and dryer?
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 23, 2021

The term "as is" really relates to whether the seller is making any warranties or representations- not what is staying o going at the property. This really comes down to whether there is a paragraph in the contract that speaks to what is staying or not. A washer and dryer would... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Contracts for Tennessee on
Q: I had a company forge my signature on a purchase agreement, do I have any legal action to take against this company?
Hunter Fede
Hunter Fede answered on May 28, 2021

Yes, if you can prove they forged your signature, Absolutely. This would be considered fraud.

1 Answer | Asked in Contracts and Gov & Administrative Law for Tennessee on
Q: If I financed my car in January but still haven't received my plates do I have any recourse for the dealership?

It's been 5 months. I think the law only allows for 3 months. I've called the dealer every month and still no tags.

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

You may have to sue the dealer for breach of contract. The dealer may not have owned the car in the first place. You probably cannot apply for the lost title either. If a used car dealer, you may be able to make a claim with the State Regulatory Agency against their Bond.

1 Answer | Asked in Contracts, Divorce and Family Law for Tennessee on
Q: I married a man on 9-22-1993. Here's the kicker...my divorce from my first husband wasn't final until 12-6-1993.

Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?

Mr. James Charles Wright
Mr. James Charles Wright answered on May 20, 2021

I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Tennessee on
Q: My landlord notified me he is selling his properties to retire, can he make us leave or can I take it to court?

There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »

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

The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: A nanny agency introduced a nanny to me, but none of us have signed any contract with the agency. Can I hire directly?

I think the agency forgot to send me the contract that would not allow me to contact the nanny directly. Will they likely sue me if I just hire the nanny without paying them fees?

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 9, 2021

This is one of those - but is it the right thing to do -questions. You contacted an agency - they supplied a person and now you want to hire directly because they either forgot or trusted you as to being able to communicate information - I anticipate you likely know what the fee is as well. I... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: The funds from selling our house are delayed b:/c Buyers lender sent to wrong acc’t# NOT OURS. Options/Recourse?
Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Did you sign the Deed? Hopefully not without being paid. Noone completes a real estate transfer without receiving some type of certified funds in hand. Wire Transfers are asking for a ripoff. Did anyone tell you that the funds were sent when they had not? You probably were talked into using... Read more »

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1 Answer | Asked in Contracts for Tennessee on
Q: How do we divide the proceeds of a sale with my girlfriend

My girlfriend and I have owned a house for 20 years I made the utilities and mortgage payment for 19 of those years how to divide the proceeds when we sell

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Paying the bills does not give you an automatic right to more proceeds. You could file a Partition Action and ask the Chancellor for reimbursements, and you might get it out of the gross proceeds before net distribution. However you should ask for an agreement in writing first and put that in... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is this legal?

I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Can my apartment complex tow my car for having expired tags?

My boyfriend's car has expired tags and they just a notice on it today that it will be towed. I searched through the lease agreement and I cannot find any information regarding a vehicle with expired tags. It only states they can tow if the vehicle is parked illegally like if it's in a... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. Absent more information, I cannot give a definitive answer. However, many apartment leases include a "disabled vehicle" clause. This clause usually states that the apartment reserves the right to tow vehicles that they believe to be disabled or an eyesore (due... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I went in a website Lawdepo and filled out a revocation for powers of attorney and I have some questions about it.

I did research on the company and they have an A from the BBB. I printed and had it notarized but the POA was done in Sumner County and now I’m in Davison County. Where do I need to take the document to be filed? Or do I have to at all? I know the POA’s must be notified but is that all

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2021

There is no set way of revoking a power of attorney. The principal can declare its revocation, tear up the written instrument, etc. Wherever you think it might be used, notify the prospective third parties that might act upon it. If the POA was recorded or might be used in relation to land or... Read more »

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