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Tennessee Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Government Contracts for Tennessee on
Q: I own 1/4 of ten acres, can I offer to convey all 10 acres to a third party?

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

Anthony M. Avery
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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

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Is there an obligation for my sister to sign a contract and if she refuses, would that be her forfeiting her claim?

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

Mr. James Charles Wright
Mr. James Charles Wright
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...
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2 Answers | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: Can I challenge people to mutual combat if I loan them the nessicary protective gear and offer a waiver in TN?

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).

James L. Arrasmith
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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

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1 Answer | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: If my LLC doesn't have an operating agreement and a member decides to leave do they owe the company for any debt?

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?

Bennett James Wills
Bennett James Wills
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

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: what tennessee case law says that a party disputing contractual intent must prove neither party intended a contract?

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?

Mr. James Charles Wright
Mr. James Charles Wright
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.

1 Answer | Asked in Civil Litigation, Contracts and Internet Law for Tennessee on
Q: If I sign a contract-at school-agreeing that I will not post on social media about a person can I get in trouble if i do
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How do I handle a potential business partner I don't really wanna pay 50 percent or even less.

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

Mr. James Charles Wright
Mr. James Charles Wright
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

2 Answers | Asked in Contracts, Products Liability and Small Claims for Tennessee on
Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?

I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found... View More

Anthony M. Avery
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answered on Nov 30, 2023

Contract actions usually exclude consequential damages. Tort claims might include such damages. No

small claims court in TN. General Sessions Court might allow it, but it sounds like a breach of contract action, so no.

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1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: I'm a Physician assistant trained in emergency medicine. Can urgent care enforce a Noncomp to keep me out of the ER?

I have a noncompete in my urgent care contract. My boss is not fulfilling the hours or my bonus according to my contract so I'm leaving. It is stated as "not over 50% walk in volume" which would apply to emergency rooms too. I'm ER trained with a doctorate in EM. Can this urgent... View More

Anthony M. Avery
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answered on Nov 30, 2023

It appears that the contract will be breached by your working in an ER. Hire an attorney to read the contract and listen to the prospective new jobs. You may get sued in any event and have an attorney ready to go.

1 Answer | Asked in Contracts for Tennessee on
Q: Do I have to pay online if my lease says I must pay by personal/cashier's check or money order?
Anthony M. Avery
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answered on Nov 21, 2023

Not sure what "paying online" has to do with this. You must pay rent as the Lease requires or modified by both parties. Otherwise you breach the contract and may be the defendant on a detainer warrant.

1 Answer | Asked in Contracts and Collections for Tennessee on
Q: A customer we had gave us a loan of 5000. 2 days before the loan was signed then she wanted the title to the car.

Money was given before signing an agreement that's when we were told she wanted the title to the car but the title is on mine and someone else name. We aren't behind and now they are recalled immediately to be paid in 10 days

Anthony M. Avery
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answered on Nov 21, 2023

The unsecured loan can be sued upon. After judgment, garnishment and execution may issue. It will be difficult to execute on a vehicle in two names.

1 Answer | Asked in Contracts for Tennessee on
Q: What to do about a contract i sign with out reading

I joind a trainer program at my local gym, was told that i can cancel any time free. Its a contract. After requesting to cancel, i was suprise to hear a $300 early cancelition fee.

Alghoug i was told there was no fee. What to do

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2023

A Tennessee attorney could advise best, but your question remains open for four weeks. Written terms generally prevail over verbal ones. One option could be to try to reach a compromise on the fee - getting an attorney involved could cost more than the amount in dispute here. Good luck

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: My current lease is 8/3/23-7/31/24. Can the new owners (10/20/23) make me sign a new contract?

Can they give me a move out or eviction date if I do not fill out a contract with them before 7/31/24? Can they increase my rent before 7/31/24 without me signing any new documents? I'm new to Tennessee and really need help. Thank you.

Anthony M. Avery
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answered on Oct 24, 2023

New titled owner takes property subject to tenant in possession. So they should be bound by the

existent lease unless it has some contrary term. Read the lease or hire an attorney to consult. However it is easy to find a reason for a Detainer Warrant.

2 Answers | Asked in Real Estate Law, Contracts and Collections for Tennessee on
Q: What type of lawyer best represents an Home Owners Association aka HOA?

We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

There are law firms that specialize in representing HOAs.

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1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: I operate a small business and have a signed contract for work completed. The customer will not pay the full amount.

If the customer pays a partial payment is it smart to sign a waiver of lien?

Anthony M. Avery
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answered on Aug 7, 2023

That is your decision.. But you will not be able to file a M & M Lien, and probably will not get paid anymore. Suit now, or better, filing the Lien now, will probably yield better results.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: 4th amendment violation? Worth legal pursuit?

Cops parked in the road I need to travel down to get home. They demand I tell them if I live there, (multiple houses on this road) I ask did something happen. He demands I show my license. I ask if I have been suspected of a crime, he said my failure to identify is suspicious and jerks my car door... View More

Anthony M. Avery
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answered on Jul 13, 2023

That would be a GTLA suit which few lawyers know how to file. It appears that you do not have any damages, so I do not recommend filing suit.

2 Answers | Asked in Contracts, Products Liability and Insurance Bad Faith for Tennessee on
Q: Hi, can an extended car warranty insurance (Fidelity etc.) ask the repair shop for outsourced parts invoices?

The extended warranty company approved an itemized parts list & labor for a truck repair job. After the repair, the shop sent them an invoice with an itemized parts list & labor exactly as pre-approved (to the cent). The extended warranty company now wants all invoices for the parts as... View More

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

Yes, there is no law prohibiting the extended warrant company from requesting those invoices.

There is also no law requiring the repair shop to provide them.

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1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Dealership forged signature on contract sent to lending company. Has different terms and payments.

I signed a loan contract for 4.90% APR, dealership sent contract to lender showing 4.99% and forged my signature on the contract.

Is it worth pursuing? Only option given by dealership is signing an updated contract for 4.99APR.

Car purchased in Nashville, I reside in Cincinnati.

Anthony M. Avery
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answered on May 24, 2023

You might inform seller you are paying only the actual contract amount of 4.9%. Especially in OH it will be difficult to repossess. Tell them if they have a problem you will call Davidson County Sheriff about the Forgery, which a lawyer cannot do.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty... View More

Henry Ambrose
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answered on May 22, 2023

You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do... View More

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Is it illegal for a dealership to require a down payment?
John Michael Frick
John Michael Frick
answered on May 14, 2023

No. It is very common because cars frequently depreciate more than the amount paid early in the term of a car loan.

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