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Tennessee Contracts Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: Can a company ask me to do more than what stated on the contract then threaten to hit me with a chargeback.

I'm in contractor by trade. I install sunrooms for this contract. Sometimes when I install sunrooms there's more work then installing a sunroom. This particular contract stated that the sunroom needed insulated tongue and groove flooring. I installed insulation and T&G flooring,... View More

Henry Ambrose
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answered on Apr 8, 2024

If you did not receive instruction to install the 1/4" board, I don't see that you are at fault. I'm guessing they are refusing to pay you for your work. If they do this, call a lawyer who practices construction law in your area.

2 Answers | Asked in Contracts, Products Liability, Real Estate Law and Construction Law for Tennessee on
Q: I bought a new home here in Crossville in August, '23. Now builder is refusing to honor 1 year warranty. What can I do?

Have had several issues come up which builder has addressed. However, he has refused to finish. For instance, house is settling which caused doors to not close properly and a crack in an interior wall. He fixed doors, but has not fixed the crack. Also, there is a retaining wall in our front yard... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a lawyer to sue on the warranty all liable parties.

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1 Answer | Asked in Contracts, Civil Litigation, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Breach of finalized settlement! This 1 case if you fight you will win more then you make yearly! TN Yes I'll contact.

Heres the case in a nut shell. Breach of settlement contract. I finally have all evidence including,Contract and terms, proof of breach. In their own words known recordings and understood that they were being recorded, proof of negligence bordering criminal. Admitted criminal negligence during... View More

James L. Arrasmith
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answered on Mar 21, 2024

If you believe there has been a breach of a finalized settlement agreement, gathering all pertinent evidence, such as the original contract, proof of the breach, and any relevant communications or recordings, is crucial. Documentation that clearly demonstrates the breach, especially if it includes... View More

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: Travel liable

If two people agree to take a trip together and person A pays via points and credit card. Person B backs out due simply stopping to communicate with person A. Person B now has the tickets as a credit. Person A would have never offered or paid for person B to go on a trip or the trip wothout person... View More

Anthony M. Avery
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answered on Mar 19, 2024

I see no cause of action. Without a written contract, statute of frauds is violated. Even an equitable remedy for unjust enrichment would not lie. Even if the plaintiff got a default judgment in Sessions Court, it would be set aside or uncollectable.

1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: Got bill from a contractor, 8 days later was served a summons to appear for lawsuit for nonpayment.

Already paid 50% deposit, thought it couldn't be more than 33%, only 2nd bill i received. Work was not acceptable & couldn't come to agreement of how to fix. This is in Hamilton county TN getting sued for nonpayment $2200 already paid $2200. Thought i had to be notified by certified... View More

Anthony M. Avery
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answered on Feb 29, 2024

Hire a TN attorney to represent you now. A Default Judgment will be alot more, and presenting defenses to a debt in Sessions Court can be confusing.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I follow through with a writ of possession?

I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 29, 2024

If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Gaming for Tennessee on
Q: Can I request a civil standby to help reclamation of scammed items on Steam?

Recently, I got scammed on Steam (Valve Corporation) and lost valuable CS2 skins I paid for. The scammer’s account has been trade banned, and thus my scammed items current reside within the scammer's inventory. But Steam Support doesn’t want to restore those scammed items to me. Firstly,... View More

Anthony M. Avery
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answered on Jan 3, 2024

Call the Treasury Department with all the details. That company is notorious for having their friends present stolen debit cards to them for cash and goods. The operators need to go to jail

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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