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Tennessee Contracts Questions & Answers
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 Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
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answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

Anthony M. Avery
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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

David H. Relkin
David H. Relkin
answered on Nov 1, 2023

You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.

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1 Answer | Asked in Contracts for Tennessee on
Q: Can you send notification of contract renewal 60 days prior on an invoice or does this have to be separate letter?
T. Augustus Claus
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answered on Oct 27, 2023

In Tennessee, you can send notification of contract renewal 60 days prior on an invoice or in a separate letter. The Tennessee Automatic Renewal Law does not specify how the notice must be sent, only that it must be sent at least 60 days before the contract renews. However, there are some benefits... View More

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.

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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.

1 Answer | Asked in Contracts and Education Law for Tennessee on
Q: In the state of TN, what restrictions are there preventing a licensed educator from selling candy bars to students?

The fundraiser is not school sponsored. It is in support of a mission team to Uruguay.

T. Augustus Claus
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answered on Oct 11, 2023

In Tennessee, educators are expected to uphold ethical standards and avoid any appearance of impropriety. Selling items, even for a good cause, directly to students during school hours could raise ethical concerns and possibly be seen as taking advantage of the teacher-student relationship. If the... View More

1 Answer | Asked in Contracts for Tennessee on
Q: Fire alarm system is it suppose to summon emergency services or do I need to call 911?
Tim Akpinar
Tim Akpinar
answered on Oct 4, 2023

A Tennessee attorney could advise best, but your question remains open for a week. It could depend on your fire alarm system and the terms offered by the vendor. Many of the major contractors do contact first responders, but it would be advisable to check with your vendor and learn how they... View More

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 Business Law and Contracts for Tennessee on
Q: Can you use your DBA when signing a lease in TN?

The contract lists the DBA and not the actual name - is that still legal?

Anthony M. Avery
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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...

2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

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,

Anthony M. Avery
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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

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1 Answer | Asked in Contracts for Tennessee on
Q: I purchased a car less than 24hrs ago at a dealership and I’m not happy with it can I legally take it back
T. Augustus Claus
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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

1 Answer | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for Tennessee on
Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract

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

Anthony M. Avery
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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

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 and Lemon Law for Tennessee on
Q: US Auto Sales went bankrupt soon after selling me a dangerous mechanical failing car. What can I do

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

Anthony M. Avery
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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

2 Answers | Asked in Contracts for Tennessee on
Q: My friend is incarcerated. She sent me her form that a notary signed. What is the next step for me to become her POA?

I have the form with her signature and it’s been notarized.

T. Augustus Claus
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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...
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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 Contracts and Real Estate Law for Tennessee on
Q: HOA - CCRs “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant”

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

Mr. James Charles Wright
Mr. James Charles Wright
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...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Tennessee on
Q: I bought a cargo trailer from a private party. I received a bill of sale but no title. Seems there is a lien in place.

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

Anthony M. Avery
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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

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