The contract lists the DBA and not the actual name - is that still legal?
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answered on Sep 26, 2023
If the other party to the lease contract accepts that name as a signature, then it supposedly becomes a contract. But I would never advise anyone to execute a contract in that function. It may be unenforceable. Usually a signature would be ...John Doe d/b/a Doe Services...
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
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answered on Sep 14, 2023
Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More 
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
answered on Sep 14, 2023
I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.
As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The... View More
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answered on Sep 1, 2023
In Tennessee, once you purchase a car from a dealership, you typically do not have an automatic right to return it unless the dealership has a specific return policy that allows for returns within a certain timeframe. It's essential to review the dealership's return policy, which is... View More
They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval
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answered on Aug 7, 2023
Your approval for an assignment of your contract and note is not required. Holder of note is Holder In Due Course, and can enforce it. New contract might be easier terms, or it may be to lender's advantage. Either agree or make full payoff now. Otherwise consider bankruptcy or... View More
Westlake portfolio says I have to keep paying to keep my credit up and they will do nothing about it... I don't have thousands of dollars to fix an issue that I should have been aware of when signing for the car... I never signed a contract with Westlake, only us auto... This seems very messed... View More
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answered on Aug 4, 2023
West probably bought the note or was even the original lender. Read whatever paperwork you have on the finance. You signed the note, and that has nothing to do with the car. You might be able to file a Notice of Exempt Property if they sue you, or CH 7 Bankruptcy. How do you know US went... View More
I have the form with her signature and it’s been notarized.
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answered on Jul 25, 2023
To become your friend's Power of Attorney (POA), you'll need to follow these steps in Tennessee:
Review the Document: Examine the form your friend sent you to ensure it complies with Tennessee's requirements for a valid POA. Make sure it includes all necessary information and... View More
I have the form with her signature and it’s been notarized.
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answered on Jul 25, 2023
I do not recommend the attorney in fact signing the POA also in front of a notary. People you present the POA to might get confused. If you are going to convey real property, it should be recorded. You are now a fiduciary for the principal, so any conveyance of the principal's assets to... View More
We are moving out of state, and we are considering to rent our house (long term rent) instead of selling. I checked the CCRs and did not find anything about renting/leasing, except for this “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant... View More
answered on Jun 27, 2023
You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.
Generally, this provision would... View More
I’m military, living in Tennessee but currently serving a tour in Korea. Seller lives in Missouri. Lien is recorded in Illinois. After months of excuses about the bank being slow I received a picture of a title with matching vin showing the seller as the buyer and the lien signed off. So not a... View More
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answered on Jun 9, 2023
If the contract was made in TN, then jurisdiction arguably lies there. But it sounds like it is a MO contract, and apparently that is where the seller would be served, so MO is alot safer. You did not mention the price involved, which makes a difference. If that photo shows a lien, then contact... View More
I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... View More
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answered on Jun 1, 2023
That may be either a conversion, breach of contract or bailment action, possibly others. You will need a TN attorney if the delivery of the parcel was in a TN County. Probably a Circuit Court action. Be prepared to give alot more details than what you have posted, which is nowhere near... View More
We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.
answered on May 16, 2023
You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.
If that is the case, you need to respond to the... View More
She left the firm and she did not notify me nor did The firm. It was for power of attorney, durable power of attorney, medical power of attorney , financial power of attorney ,living will and a will . She was still working on this when she left the firm and all the paperwork has not been completed.... View More
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answered on Apr 6, 2023
You can file a Board Complaint with the TN Board of Professional Responsibility
against her License. But I would go in person to the Firm first and demand the paid for services be completed, or ask for your money and file. Do not get in an argument. Executing that many instruments at... View More
My goal is to respond to a government-issued RFP to sell land for a new building site by offering the land for sale, gauge the interest of the government entity to see what they are willing to pay, then use that information to buyout the rest of the co-owners so that I can make a profit on the... View More
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answered on Mar 21, 2023
I do not understand your stated strategy. However if you are a tenant in common of an one/quarter undivided interest in the real property, you can only convey what you own. Any representation that you can convey a fee to ten acres is fraud. The proposed purchaser would probably find out... View More
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... View More
Recently I was booted by my school, then told if I didn't sign an agreement to pay their parking fees they would keep the boot on my car. I'd like to challenge that staff member and campus officer to mutual combat via fisticuffs (with the nessicary PPE provided by myself).
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answered on Mar 2, 2023
No, it is illegal to engage in mutual combat in Tennessee, even if both parties consent to it. Mutual combat is considered a form of assault and is prohibited by law. Engaging in mutual combat can result in criminal charges and other legal consequences. Additionally, attempting to challenge a... View More
A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?
answered on Jan 24, 2023
Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... View More
It is my understanding that it is not enough for one party to prove he/she did not intend a binding contract but must prove that both parties agreed there was no binding contract between them. Is this correct in TN law?
answered on Jan 10, 2023
Both parties must agree to as to the formation of a contract - a unilateral "contract" generally would not be binding. But contracts can be formed by one party requesting an action and the other party performing and the performance is an acceptance- so your question's answer may be fact specific.
answered on Jan 3, 2023
A Tennessee attorney could advise best, but your question remains open for three weeks. If it's a contract with the school, it's possible that violating it could result in loss of privileges or some form of discipline by the school. Depending on what's posted, it's even possible... View More
I have an online business that I made with a friend but everything is in my name included the LLC but he is in a good amount of the footage that our online course provides but his name is literally on nothing except for about half of the videos. I do think he should be payed something but how do I... View More
answered on Oct 26, 2022
Your post indicates that you are the only member of the LLC and from this I am assuming all of the online content is owned by either you or the LLC. You don't indicate the agreement with this other person - and you likely should discuss this with a lawyer rather than creating another post. -... View More
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