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Tennessee Contracts Questions & Answers
1 Answer | Asked in Contracts, Identity Theft and Intellectual Property for Tennessee on
Q: It was my idea for the slide to cover phone cameras I got inventionland caught red handed stealing it by fake Litigation

I’m looking for an honest patent attorney to help me claim my hats rightfully mine

Robyn T. Williams
Robyn T. Williams answered on Feb 22, 2020

Additional information is required to properly assess your claim to IP rights. Email me at rwilliams@devlinlawfirm.com to set up time for a call to discuss.

Robyn T. Williams, Esq.

1 Answer | Asked in Collections, Consumer Law and Contracts for Tennessee on
Q: Our company hired a debt collection agency to handle our delinquent accounts. Never paid on money collected.

Our company hired a debt collection agency to handle our delinquent accounts. We have proof that they collected on at least $9150 on one account. They never paid us & we have been trying to get our money paid back to us & they are unreachable. Where do we need to report them & what can we do?

Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

You will have to hire an attorney to find out to to serve the Defendant. Then sue, hopefully in a Tennessee Court, but probably you might have to go to the State where you agreed in writing to litigate. Federal

Court probably does not have enough money for jurisdiction here. There...
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1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN What do I need to do if the judge who gave me possession said my notice of eviction was posted?
Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

What is your question? If the Judge gave you possession, then wait ten days and see if the tenants are still occupying the place. Otherwise go back to Sessions Court and ask for a Writ of Possession to be issued and executed. If you did not get possession, then you have a serious problem,... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Government Contracts for Tennessee on
Q: I would like to sue the state of TN for breach of contract. Because I feel my 1st amendment right was violated.

When I signed a contract agreeing to receive the offer that gives theam a right to permote A A and faith based programs.

Do I have a case

Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

An attorney would need to review the contract documents and have a discussion with you further about the facts to determine whether you have any causes of action. Consult a local attorney to assist you.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A pawn shop in the state of tn,sold me a computer that is locked and can not be used.They refused to refund my money.

Isn't there an implied warrenty that the computer works and how can I get my money back?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 6, 2020

Look at the paperwork with your purchase- look to see if they sold the computer "as is." If not then you would be correct. But also, you may want to talk to a computer expert- an expert may be able to unlock the computer for you.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: A property management company is refusing to show me the terms of a lease until AFTER I sign it. Is this legal?

I’m looking to rent a property with a property management group. However, they have refused to show me the lease before I sign it and pay them my non-refundable security deposit and first month’s rent. Can they legally force me to sign a lease before sharing the details of the contract with me?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

No, landlords or property management companies cannot "force you to sign a lease." However, that is not what they are trying to do here.

FYI: Landlords may lawfully refuse to rent to you unless you agree to do certain things--such as agreeing to put down a reasonable security deposit and...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can Tennessee HomeBuyers sue me or force me to sell them my home. After signing initial sit down agreement

I asked the representative was it a binding agreement before I signed because I was very skeptical. He said that Tennessee HomeBuyers could not force me to sell my home. It was my house and I could change my mind. I made several attempts to cancel the process. I never got a response back. I also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 20, 2019

Obviously the provable facts will probably decide the case, if a suit for Specific Performance is filed. Is there a liquidated damages clause in the Contract? Was there an earnest money payment? Do you have merchantable title? The Contract itself must be scrutinized as the parol evidence rule... Read more »

2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2019

Depends on the terms of the contract. Contact a local attorney to review your contract to best determine your options.

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2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

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

Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

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1 Answer | Asked in Contracts for Tennessee on
Q: Hello, I think I am being conned

A couple of weeks ago I decided to buy a different car,I went to a Kia dealership I out right bought a 2006 Kia Sorento for 4000 dollars, signed all paperwork and drove home, first thing I noticed was none of the interior lights were working and then I tried to put gas in it, it spewed back out at... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2019

It's hard to answer this one for you or to give advice. They may just really want to sell a car and not have to give your money back. I hate to state the obvious- but car dealerships want to sell cars and it sounds like they are trying everyone way they can to sell you one. - You need to... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: Company A buys company B out of bankruptcy, then both become 1 company ~ The big agreement between both companies

Name of the company using both companies A&B detailed when & how it’s to be recognized....in company A territory:

the Co. A name followed by company B..

In Company B territory: & B name followed by company A..... bot are well known in their territory. When company B is not in... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2019

If your question - how do determine the correct name when a company uses different names- check the secretary of states website for the company's official name- the entity is named by the correct name. The other names are d/b/a's or "doing business as" names. So one would use the correct legal... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: Paid off our loan over a month ago. The finance company will not send the title. What can we do?
Anthony M. Avery
Anthony M. Avery answered on Nov 6, 2019

Not sure what the collateral is. But you may need to hire a competent attorney to file suit. It has to do with the value of the collateral as to whether it is worth the trouble. The Fair Debt Collection Act might give you some relief, as well as a set of TN Consumer Protection Statutes.

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1 Answer | Asked in Contracts for Tennessee on
Q: Mergers & contractual agreements: regarding agreement from both parties: details on how & when ea name Is to used
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 6, 2019

In a merger there is a surviving entity and the other does not. Either name or a new name could be used- by a name change. If you want to preserve both names and use one as a d/b/a you can do that as well. You also don't necessarily have to do a merger. One entity can by the assets or the... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... Read more »

Brandon D. Fersten
Brandon D. Fersten answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: My lease expired yet landlord still trying to enforce rules in the lease an I wasn't allowed a new lease 4 months ago be

But wants to tell me I have no lease rights but trys to inforce the lease

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2019

Some terms of some contracts survive the death of the contract; however, unless you give or take the lease to a lawyer for review and advice on whatever is going on, no one here can properly advise you what to do.

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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