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Tennessee Contracts Questions & Answers
1 Answer | Asked in Contracts for Tennessee on
Q: Can I make a copy of the person's ID (drivers License) at check in to a hotel
Anthony M. Avery
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answered on Jul 7, 2021

If the licensee gives you permission to, then yes. But otherwise you are subject to the licensee claiming identity fraud.

1 Answer | Asked in Contracts for Tennessee on
Q: If I have a verbal agreement to vacate and the landlord is aware do I have to sign a contract still?

A verbal agreement was made between me my roommate and landlord on when I must vacate do I legally have to sign a contract with my roommate still?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 2, 2021

Sometimes people can remember verbal agreements differently -

If you signed a lease on the front end, it would be best to clearly set out in a writing how the lease ends as to you. This would include your roommate -as you don't want either making a claim against you later.

1 Answer | Asked in Contracts for Tennessee on
Q: If contract to sell states property as is, does that include washer and dryer?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 23, 2021

The term "as is" really relates to whether the seller is making any warranties or representations- not what is staying o going at the property. This really comes down to whether there is a paragraph in the contract that speaks to what is staying or not. A washer and dryer would... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Contracts for Tennessee on
Q: I had a company forge my signature on a purchase agreement, do I have any legal action to take against this company?
Hunter Fede
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Hunter Fede
answered on May 28, 2021

Yes, if you can prove they forged your signature, Absolutely. This would be considered fraud.

1 Answer | Asked in Contracts and Gov & Administrative Law for Tennessee on
Q: If I financed my car in January but still haven't received my plates do I have any recourse for the dealership?

It's been 5 months. I think the law only allows for 3 months. I've called the dealer every month and still no tags.

Anthony M. Avery
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answered on May 25, 2021

You may have to sue the dealer for breach of contract. The dealer may not have owned the car in the first place. You probably cannot apply for the lost title either. If a used car dealer, you may be able to make a claim with the State Regulatory Agency against their Bond.

1 Answer | Asked in Contracts, Divorce and Family Law for Tennessee on
Q: I married a man on 9-22-1993. Here's the kicker...my divorce from my first husband wasn't final until 12-6-1993.

Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 20, 2021

I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Tennessee on
Q: My landlord notified me he is selling his properties to retire, can he make us leave or can I take it to court?

There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2021

The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: A nanny agency introduced a nanny to me, but none of us have signed any contract with the agency. Can I hire directly?

I think the agency forgot to send me the contract that would not allow me to contact the nanny directly. Will they likely sue me if I just hire the nanny without paying them fees?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 9, 2021

This is one of those - but is it the right thing to do -questions. You contacted an agency - they supplied a person and now you want to hire directly because they either forgot or trusted you as to being able to communicate information - I anticipate you likely know what the fee is as well. I... View More

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: The funds from selling our house are delayed b:/c Buyers lender sent to wrong acc’t# NOT OURS. Options/Recourse?
Anthony M. Avery
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answered on Mar 22, 2021

Did you sign the Deed? Hopefully not without being paid. Noone completes a real estate transfer without receiving some type of certified funds in hand. Wire Transfers are asking for a ripoff. Did anyone tell you that the funds were sent when they had not? You probably were talked into using... View More

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1 Answer | Asked in Contracts for Tennessee on
Q: How do we divide the proceeds of a sale with my girlfriend

My girlfriend and I have owned a house for 20 years I made the utilities and mortgage payment for 19 of those years how to divide the proceeds when we sell

Anthony M. Avery
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answered on Mar 22, 2021

Paying the bills does not give you an automatic right to more proceeds. You could file a Partition Action and ask the Chancellor for reimbursements, and you might get it out of the gross proceeds before net distribution. However you should ask for an agreement in writing first and put that in... View More

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is this legal?

I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... View More

Bennett James Wills
Bennett James Wills
answered on Mar 15, 2021

The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Can my apartment complex tow my car for having expired tags?

My boyfriend's car has expired tags and they just a notice on it today that it will be towed. I searched through the lease agreement and I cannot find any information regarding a vehicle with expired tags. It only states they can tow if the vehicle is parked illegally like if it's in a... View More

Ross Matuszak
Ross Matuszak
answered on Mar 12, 2021

Thank you for your question. Absent more information, I cannot give a definitive answer. However, many apartment leases include a "disabled vehicle" clause. This clause usually states that the apartment reserves the right to tow vehicles that they believe to be disabled or an eyesore (due... View More

1 Answer | Asked in Contracts for Tennessee on
Q: I went in a website Lawdepo and filled out a revocation for powers of attorney and I have some questions about it.

I did research on the company and they have an A from the BBB. I printed and had it notarized but the POA was done in Sumner County and now I’m in Davison County. Where do I need to take the document to be filed? Or do I have to at all? I know the POA’s must be notified but is that all

Anthony M. Avery
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answered on Mar 10, 2021

There is no set way of revoking a power of attorney. The principal can declare its revocation, tear up the written instrument, etc. Wherever you think it might be used, notify the prospective third parties that might act upon it. If the POA was recorded or might be used in relation to land or... View More

1 Answer | Asked in Contracts for Tennessee on
Q: what is an "advert partition" action
Anthony M. Avery
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answered on Jan 4, 2021

You have probably misunderstood something. Partition Actions are filed amongst Tenants In Common for either a physical division of the lands, or a judicial ordered and supervised sale of the properties with the proceeds distributed according to decree.

2 Answers | Asked in Bankruptcy, Contracts and Foreclosure for Tennessee on
Q: I live in Tennessee, can my landlord show the house to buyers during the covid pandemic and while I’m currentlypregnant

My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... View More

Anthony M. Avery
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answered on Jan 4, 2021

Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.

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1 Answer | Asked in Construction Law, Contracts and Consumer Law for Tennessee on
Q: Where can I get help with a construction business that has sent me a bill of charges more than I was told to do the job?

I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 16, 2020

I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... View More

1 Answer | Asked in Contracts for Tennessee on
Q: I am in the process of closing on a home in Tn. Are the closing cost supposed to come out of the sales price offer?

I was told by my lender to pay out of pocket for closing instead of deducted from the sales prices . Need to know correct process by law

Bennett James Wills
Bennett James Wills
answered on Dec 4, 2020

There are a few ways to handle a real estate closing. Typically, when you purchase a house, you pay cash out of pocket for the closing costs. When you apply for a loan approval, the lender usually gives you a closing cost worksheet so you can know what do expect. Another option, is depending on... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... View More

Michal Durakiewicz
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answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... View More

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2 Answers | Asked in Contracts for Tennessee on
Q: You My girlfriend and I just bought a vehicle together two weeks ago in Tennessee. It’s titled in both names and financ

Financed in both our names. You

My girlfriend and I just bought a vehicle together two weeks ago in Tennessee. It’s titled in both names and listed as her name first then “OR” my name second. She’s breaking up with me threatening to take the car to Alabama where she’s from and... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 11, 2020

If the car is titled as "or" then 1) you both on the vehicle and 2) either of you can sell the vehicle without the other's signature. Suggest on the front end selling the vehicle and if any proceeds splitting or whatever the arrangement was going to be.

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