Tennessee Contracts Questions & Answers

Q: Real Estate Question on the Listing Extension Agreement Contract: 2 Owners, only 1 signs extension; 2nd owner refuses

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.

Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.

Q: can someone take pitcure of your house or your proputy with out asking

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Tennessee on
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes as long as they do not physically trespass upon your real property.

Q: Is there anything I can do to get my money back? Especially since I have him stating in writing that he would?

1 Answer | Asked in Contracts for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.

Q: how can I get possession of a car that I signed for and is titled to me

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already secured the collateral. The Lender must be dealt with also.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

Q: Can I term. a yr. lease for no particular reason? I'm 6 months through and told renter it would be done in 4 mos

2 Answers | Asked in Contracts for Tennessee on
Answered on Dec 11, 2018
Mr. James Charles Wright's answer
The lease terms will control whether either party can terminate early and under what conditions. In the absence of language in the lease, without the agreement of the other party you cannot terminate the lease early.

Q: What is the statue of limitation on signing a bond in the state of Tennessee?

1 Answer | Asked in Contracts for Tennessee on
Answered on Nov 21, 2018
Anthony Marvin Avery's answer
You have not given enough information. But generally Breach of Contract must be enforced within Six Years from the Breach.

Q: I had a sales agreement for 2,500 in writing, and other party is refusing to pay. Should I take it to court ?

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Nov 19, 2018
Mr. James Charles Wright's answer
It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).

Q: If I’m planning to assign a purchase agreement to a third party, do I need to specifically include an assignment clause?

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Nov 18, 2018
Mr. James Charles Wright's answer
I suggest including an assignment clause. Do not include approval of seller.

Q: If I signed a waiver for notice of default,what happens if my landlord decides to not accept my partial rent anymore ?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Nov 12, 2018
Anthony Marvin Avery's answer
The Landlord will probably file and serve a Detainer Warrant for you in General Sessions Court. He may just ask for Possession or he may additionally sue you for rent and damages.

Q: What kind of lawyer would I seek ?

2 Answers | Asked in Contracts for Tennessee on
Answered on Nov 6, 2018
Mr. James Charles Wright's answer
There were not any details provided.

Q: I checked the entire contract and there is nothing in there for them to terminate my contract.

1 Answer | Asked in Contracts for Tennessee on
Answered on Nov 6, 2018
Frank J. Steiner's answer
General Sessions, (small claims) has a jurisdictional limit of 25,000. If the damages are more than that it would be filed in Circuit. You really need to discuss this with a Lawyer before you proceed.

Q: My workout gym unjustifiably terminated my contract because they said I complained too much about deplorable facility co

1 Answer | Asked in Contracts for Tennessee on
Answered on Nov 5, 2018
Frank J. Steiner's answer
There is probably an early termination clause in the contract you signed- The language of that clause will determine what remedies, if any, you may have.

Q: I recently signed a rental lease in TN but have not moved in yet. Are there any options allowing me to get out of it?

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Oct 23, 2018
Leonard Robert Grefseng's answer
Based on the facts in your question, unfortunately, NO, there are no easy "escapes." A lease is a contract, and once signed it is supposed to be binding on both parties. Read the lease to see if it allows "early termination ( sometimes you can "buy out" the remainder of the lease term. Lastly, you can always go to the landlord and beg for mercy ( I assume you have a really good reason for needing out- not just that you simple changed your mind). By keeping your deposit, the landlord has...

Q: A builder who is in a litigation for a house he did not complete he breached contract Can he sell the home to some1else

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Oct 19, 2018
Anthony Marvin Avery's answer
Since there is no completion of the construction, there probably is no Equitable Conversion, nor cause of action for Specific Performance. Apparently you have a lawyer, so he might want to file a Notice Lis Pendens at the Register's Office to tie up the Title. The Real Estate Agents should have nothing to do with it. If the builder is not licensed, you have a problem. And yes, he should be able to sell the improved real property unless you get the Court to enjoin it or discourage it by...

Q: How long does the seller have to get the buyer a copy of the deed after it's pai We were told 12 to 18 months.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Oct 17, 2018
Leonard Robert Grefseng's answer
Your question is unclear. If you paid cash for the property at the closing, the deed reflecting you as the new owner should be recorded within hours or at minimum, a few days after the closing ( for example, if you closed on a Friday, the deeds office may not be open again to receive documents until the Monday). It's uncommon in my experience for this to take the time your question suggests- I suspect there is some miscommunication somewhere- either in what they told you or in your question to...

Q: My house is under a one year contract for a sale with a realtor. I am six months into it and am unhappy with the

2 Answers | Asked in Contracts for Tennessee on
Answered on Oct 16, 2018
Frank J. Steiner's answer
Depends on the language of the contract - but normally there will be a provision for notice of termination of agreement. Contact an attorney

Q: Can I break my contract with my realtor? If yes how should I proceed?

1 Answer | Asked in Contracts for Tennessee on
Answered on Oct 16, 2018
Mr. James Charles Wright's answer
It is hard to give a good answer without much detail. But if you have changed your mind about selling your home, just tell the realtor and you should be able to cancel your contract. Note if you then sell your home shortly after you may owe a commission.

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