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My sister and I were given my mother’s two homes as tenants in common with the right of survivorship. We verbally agreed to sell the homes together, but I recently discovered she sold her share without my consent and now I have a new co-owner. The records have not been updated yet. I need to... View More 
answered on May 21, 2025
As Mr. Avery pointed out- you likely need someone to look at the "conveyance to you and your sister- as to whether it was truly a tenant in common transfer without rights of survivorship or with rights of survivorship.
In general, a tenant in common can sell their interest in the... View More
My sister and I were given my mother’s two homes as tenants in common with the right of survivorship. We verbally agreed to sell the homes together, but I recently discovered she sold her share without my consent and now I have a new co-owner. The records have not been updated yet. I need to... View More
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answered on May 20, 2025
In Tennessee we have either tenants in common or joint tenants with rights of survivorship. That alleged estate comes up alot and causes many title problems. Usually Courts will find the joint tenancy is destroyed, but sometimes find only a survivorship interest is conveyed to the third party.... View More
I am a senior citizen concerned about the enforceability of a settlement deed, which explicitly states that it cannot be broken under any condition. However, I am interested in understanding if any changes in circumstances or legal grounds might apply to question its validity. Are there scenarios... View More
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answered on May 10, 2025
I do not know what a "settlement deed" is. Deeds take effective when executed and delivered. To set aside or reform a deed, you need clear evidence of fraud, lack of consideration, mutual mistake, violation of the rule against perpetuities, and the like. An action in Chancery is... View More
I am a physician working in healthcare in a small community in Tennessee. My non-compete agreement restricts me from working in my field or any other medical field within a 20-mile radius for two years after leaving my current position. Given these restrictions, what are the chances of this... View More
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answered on May 2, 2025
There is a good chance that the other contracting party will enforce it if you set up shop. It is possible that it is absolutely enforceable, so the financial risks are high. But 20 miles is a small radius, so you should be able to find an office close to your chosen town. And 2 years is a... View More
I signed an online agreement with the Wesley Final Group to cancel a timeshare on April 14, 2025. The timeshare is located in Tennessee. Can this service contract agreement be canceled within three days?
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answered on Apr 16, 2025
In Tennessee, the ability to cancel a timeshare service contract depends not only on state law but also on the specific terms of your agreement and the location, or situs, of the actual timeshare property. Even if you reside in Tennessee or signed the service contract there, your cancellation... View More
I have a business and property for sale, and a potential buyer backed out on the day of closing after receiving a call from my neighbor, who wanted to buy the property but made a low offer that I refused. The neighbor persuaded the buyer not to proceed by saying they wouldn't allow parking.... View More
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answered on Mar 31, 2025
There may be a boundary or easement dispute, which is at least a cloud on both titles. You may try to make such a tort suit, including slander of title, but it will be very difficult. Collection might be impossible. Access to your business is what is important, not selling the property, so... View More
I had roofing work subcontracted with a one-year warranty, which was completed in August 2023. I've noticed a leak issue in January 2025. How long after the job is completed can the contractor be held liable for faulty installation in this scenario?
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answered on Mar 7, 2025
It sounds like you contractually agreed to a 1 year SOL. Otherwise damage to property has a 3 year SOL. You are going to have alot of problems suing a subcontractor in any event, but you might look at General Sessions Court. Determining the defendant may be difficult. Try to hire an attorney.
I recently sold my home and found out there was a lien on the property from a creditor with whom I have a structured settlement. I was not informed of this lien by the creditor or my debt relief company, and discovered it at closing. No advice was given, and the settlement amount was $10,580. So... View More
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answered on Feb 23, 2025
You should get the debt relief agency to do their job, which is actually practicing law without a license. So I am not surprised at this result as you made a mistake going to them. If there is a lien, then a judgment must have been entered. Look at the judgment, compute the amount with legal... View More
The gym that I'm a member of is refusing to allow me to use the equipment due to my pregnancy despite only being 8 weeks along.
answered on Jan 18, 2025
A Tennessee attorney could advise best, but your question remains open for a week. Yes, you could raise the argument that it is discriminatory. They could raise the argument that they have the right to invoke policies that protect themselves from members who file injury claims on the grounds that... View More
This is on a credit card from 18 years ago that I have no records of.
answered on Nov 26, 2024
In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More
I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More
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answered on Oct 22, 2024
You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More
It's a motion to renew,extend and/or revive a judgment (against me)for an additional ten yrs. I have no idea what the judgment is for. My husband and I did a bankruptcy way back when, I can't even remember when it was. And as far as I know no one fought it. It says I have thirty days to... View More
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answered on Aug 19, 2024
Get out your bankruptcy petition and see if the creditor was listed as a scheduled debt. If not, it was not discharged. You need to look at the Judgment which is probably a lien against you of record at the Register of Deeds. If the Judgment is legitimate, then there is no defense to the `10... View More
Someone saw the video and reported it to the cruise lines. And I was banned for life. Not for getting caught for smoking weed. Banned because of a video of me smoking onboard. Can I sue?
answered on Jul 9, 2024
They'll do that. The short answer is that cruise lines have a no-marijuana policy. It's possible the video was flagged as a violation of policies, and that it could be used as evidence in subsequent proceedings if it appeared on social media or other public forums. Good luck
Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions
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answered on May 28, 2024
Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More
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answered on Apr 15, 2024
Defendant can claim the Statute of Frauds unless there is a writing, even a cashed check. General Sessions suit will cost about a third of your prospective judgment. If you get a judgment by default including costs, you will still have to work to collect it.
Can I be evicted if I don't get it.
answered on Apr 12, 2024
It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance.... View More
I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?
answered on Mar 30, 2024
A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More
I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?
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answered on Apr 8, 2024
If you are only selling them the device, that should not expose you to Tennessee contractor laws. But if you are performing any work, or paying someone else to perform the work for the installation you probably are subject to the contractor statutes. This question is pretty complicated and will be... View More
They have went as far as collections and 2 collection agency's are now on my credit report
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answered on Mar 26, 2024
If you believe you've fulfilled all financial obligations under your lease agreement, including buying out your lease, it's crucial to address this matter to avoid further damage to your credit. First, gather all documentation related to your lease buyout, payments made, and any... View More
Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?
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answered on Mar 20, 2024
If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More
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