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Tennessee Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Legal Malpractice for Tennessee on
Q: What can I do about a lawer not returning my retainer?

I paid a lawyer $3500 for a child visitation. He drew up a parenting plan. But the mother and I came to a agreement without the courts. So I told him to take out for the plan and hrs worked and to send back the rest. He basically is giving me the run around and avoiding me. I never signed no... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

Request, in writing, an itemized time statement. If it is not provided contact the State Bar and look into fee arbitration or small claims court.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If I have a year lease can land lord go up on rent even if my year not up
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 27, 2023

Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Tennessee on
Q: Is there any way to work out with the lender the payment if I’m surrendering the vehicle ?

I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed

Anthony M. Avery
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answered on Mar 24, 2023

You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.

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1 Answer | Asked in Contracts for Tennessee on
Q: Can endurance extended warranty company deny my claim because they said it was only 7 days into the contract
Anthony M. Avery
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answered on Mar 6, 2023

Possibly. Hire an attorney to examine your contract. You may need to sue for breach in General Sessions.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Post-Judgment Interrogatories Limitations

How far can I be excepted to travel for this and how often can they subpoena me for this? I have no assets so it seems as harassment once they are aware of that. I was sued 4 counties (>100 miles) away in Tennessee in Chancery court.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 11, 2023

Without more details it is hard to answer. Look up motions for Protective Orders in Tennessee or you may need to hire a lawyer to file one for you. I am not sure whether you are entitled to relief- but that would be one avenue to approach.

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: When filling out POA for Health Care, there is a section that ask about the "undersigned." Who's the undersigned?

"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."

Anthony M. Avery
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answered on Nov 22, 2022

If you are giving someone a Power of Attorney over you, then you are the undersigned.

1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... View More

Anthony M. Avery
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answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN, am I required by law to sign a new lease if my rental property is sold? I have 16 mo left on a 24 mo lease

Based on the reply I received, I need to add more details. There is no clause in the 2-year lease that says the lease is voided if the property is sold. The new owners are buying the house as an investment with full understanding and agreement as part of the purchase that there is a current tenant... View More

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

Maybe. You should check the terms of your lease. Sometimes there is a termination on sale clause. If not, the new owner would buy the property subject to the lease.

1 Answer | Asked in Insurance Bad Faith and Contracts for Tennessee on
Q: I started getting dental implants and then my insurance said they would not pay for the rest of the procedure.now Inplan

And no teeth do I have a case? I can't keep walking around like this.

Anthony M. Avery
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answered on Oct 10, 2022

Your insurance policy must be read verbatim in conjunction with your treatment plan. Are the implants covered or not? You will need an attorney to examine the contract and facts. Bad Faith in TN is not very much, so concentrate on Breach of Contract, possibly even in General Sessions.

1 Answer | Asked in Contracts and Car Accidents for Tennessee on
Q: I signed a settlement agreement with my Lein holder for a settlement payoff. Now that my insurance company is paying it

The lein holder is trying to not honor that amount. Is that legal

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2022

A Tennessee attorney could advise best, but your question remains open for four weeks. One would need to see the lien agreement to understand more about the lienholder's reluctance to carrying out its terms. But lien agreements are usually binding. If you have an attorney representing you, it... View More

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Contracts and Car Accidents for Tennessee on
Q: I agreed to a payoff with my lien holder through a signed contract. Now that my insurance is paying it off they said

the contract is null/void because my insurance is paying it out. Is that legal if my settlement amount is less? Can the lien holder disregard that contract

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. This requires closer examination than is possible in the limited scope here. It could depend on the type of lien and other possible factors. There are certain liens, such as public health liens, that are subject... View More

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... View More

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... View More

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can I contest a deed if it was signed under false information?

I inherited my father’s property in April and was given false information about the condition of the property as well as the deed. I signed the deed over to my uncle later finding out the information was false. Do I have a case?

Anthony M. Avery
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answered on Aug 29, 2022

It is doubtful you have a good case to set aside a Deed for Fraud. But you will need to hire an attorney to check out the facts, witnesses, etc. It may not be worth the trouble, but if you do nothing the property is gone . It appears that you relied on heresay and did not even examine the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If i have been leasing a duplex on a year to year lease and my lease wasn't renewed but i was still paying is that legal
Anthony M. Avery
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answered on Aug 29, 2022

Then you became a month to month tenant.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Tennessee on
Q: What kind of action could be taken if I found out my Union Attorney Representation was not registered to practice law?

Nore was there a cosigner for him to practice law approved by State Bar of GA.

What action can I take after my arbitration panel has taken place?

Anthony M. Avery
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answered on Aug 29, 2022

In TN call the Sheriff or the DA to request charges. It might be grounds for setting aside an adverse decision.

1 Answer | Asked in Contracts for Tennessee on
Q: In the state of Tennessee, do you use a Deed of Reconveyence to release a Deed of Trust ? If not, what form do you use ?
Anthony M. Avery
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answered on Aug 29, 2022

No, the Note must be satisfied and the Deed of Trust released. Sometimes Partial Releases are appropriate.

1 Answer | Asked in Contracts for Tennessee on
Q: What form do you use, to release a Deed of Trust, in Tennessee ?
Anthony M. Avery
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answered on Aug 29, 2022

No form is required, but the Release should have the recording information on the Deed of Trust to be released. Also that the Debt is paid in full. Notarization required for recording.

1 Answer | Asked in Consumer Law, Construction Law and Contracts for Tennessee on
Q: What is the max amount of a deposit a contractor can require down from a customer in TN
Henry Ambrose
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answered on Aug 11, 2022

You should probably consult a lawyer to review the contract. If any part of the agreement seems questionable you should make sure of what you are being asked to sign before you sign. There might be more problems than you notice.

Also look at the State of Tennessee website:...
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