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Tennessee Contracts Questions & Answers
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 »

1 Answer | Asked in Contracts for Tennessee on
Q: what is an "advert partition" action
Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

You have probably misunderstood something. Partition Actions are filed amongst Tenants In Common for either a physical division of the lands, or a judicial ordered and supervised sale of the properties with the proceeds distributed according to decree.

2 Answers | Asked in Bankruptcy, Contracts and Foreclosure for Tennessee on
Q: I live in Tennessee, can my landlord show the house to buyers during the covid pandemic and while I’m currentlypregnant

My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.

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1 Answer | Asked in Construction Law, Contracts and Consumer Law for Tennessee on
Q: Where can I get help with a construction business that has sent me a bill of charges more than I was told to do the job?

I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 16, 2020

I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I am in the process of closing on a home in Tn. Are the closing cost supposed to come out of the sales price offer?

I was told by my lender to pay out of pocket for closing instead of deducted from the sales prices . Need to know correct process by law

Bennett James Wills
Bennett James Wills answered on Dec 4, 2020

There are a few ways to handle a real estate closing. Typically, when you purchase a house, you pay cash out of pocket for the closing costs. When you apply for a loan approval, the lender usually gives you a closing cost worksheet so you can know what do expect. Another option, is depending on... Read more »

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Michal Durakiewicz
Michal Durakiewicz answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... Read more »

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2 Answers | Asked in Contracts for Tennessee on
Q: You My girlfriend and I just bought a vehicle together two weeks ago in Tennessee. It’s titled in both names and financ

Financed in both our names. You

My girlfriend and I just bought a vehicle together two weeks ago in Tennessee. It’s titled in both names and listed as her name first then “OR” my name second. She’s breaking up with me threatening to take the car to Alabama where she’s from and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 11, 2020

If the car is titled as "or" then 1) you both on the vehicle and 2) either of you can sell the vehicle without the other's signature. Suggest on the front end selling the vehicle and if any proceeds splitting or whatever the arrangement was going to be.

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1 Answer | Asked in Contracts for Tennessee on
Q: after signing a contract for a caterer for a set amount, can they add additional charges for state regulations?

We were told due to covid we would have to pay additional fees based on state regulations. Even though we booked during covid and the original contract does not mention these cost. Is this our responsibility?

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 10, 2020

The contract will control. If there is a fixed price - and the contract does not provide for any changes then the caterer may be stuck. The contract may have a clause that indicates that if an act of God is involved then there may be a different outcome. This may be called a force majuere... Read more »

1 Answer | Asked in Business Formation and Contracts for Tennessee on
Q: Can a business partner Sue someone with no contract or agreement signed in state of Tennessee
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 6, 2020

There is an old saying that anyone can sue anyone for anything. The question would be whether someone can sue over an oral agreement? Most oral agreements are valid. There are a number of exceptions. For instance a contract for the sale of real estate must be in writing.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I have a land contract with a private seller. Do I have recourse for damages due to poor workmanship?

I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 27, 2020

You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.

As to a claim...
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1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it

I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

This is what I got from your post:

1. Your wife signed a lease and signed your name over 2 years ago.

2. You and your wife have been living in the property since then.

3. Your wife has now passed away.

You want to know if you are legally responsible under the...
Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How can an Architect w/ his own Firm (S-Corp, Prof. Corp.) in TN have a 50/50 financial partnership w/ a non-Architect?

Can he be a 50/50 shareholder?

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 12, 2020

Look at TCA 62-2-601 and 602 - This explanation is from the State's website: A corporation, partnership, or firm offering architectural, engineering, or landscape architectural services to the public may engage in the practice of architecture, engineering, or landscape architecture in... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: As a Notary, can you create legal documentations such as lease, living will, etc. as a service in a small business?

like sites such as Formswift, etc.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 7, 2020

a Notary can notarize documents. A notary should not create legal documents.

1 Answer | Asked in Contracts and Securities Law for Tennessee on
Q: Can I sue someone for violating securities laws in federal court for soliciting investment from me in a project?

- the person asked me for money to fund a record

- I gave money, person made record. I didn’t get the promised return.

- person is not licensed to sell securities

Robert W. Pearce
Robert W. Pearce answered on Oct 2, 2020

You can only sue under the Federal securities laws if you were sold a security. The test commonly used by the courts to decide whether you were sold a security is known as the Howey Test. If you were the only investor who made a loan for a specific return of interest it's unlikely you were... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 24, 2020

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

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