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We were told due to covid we would have to pay additional fees based on state regulations. Even though we booked during covid and the original contract does not mention these cost. Is this our responsibility?
answered on Nov 10, 2020
The contract will control. If there is a fixed price - and the contract does not provide for any changes then the caterer may be stuck. The contract may have a clause that indicates that if an act of God is involved then there may be a different outcome. This may be called a force majuere... View More
answered on Nov 6, 2020
There is an old saying that anyone can sue anyone for anything. The question would be whether someone can sue over an oral agreement? Most oral agreements are valid. There are a number of exceptions. For instance a contract for the sale of real estate must be in writing.
I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by... View More
answered on Oct 27, 2020
You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.
As to a claim... View More
I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... View More
answered on Oct 23, 2020
This is what I got from your post:
1. Your wife signed a lease and signed your name over 2 years ago.
2. You and your wife have been living in the property since then.
3. Your wife has now passed away.
You want to know if you are legally responsible under the... View More
Can he be a 50/50 shareholder?
answered on Oct 12, 2020
Look at TCA 62-2-601 and 602 - This explanation is from the State's website: A corporation, partnership, or firm offering architectural, engineering, or landscape architectural services to the public may engage in the practice of architecture, engineering, or landscape architecture in... View More
like sites such as Formswift, etc.
answered on Oct 7, 2020
a Notary can notarize documents. A notary should not create legal documents.
- the person asked me for money to fund a record
- I gave money, person made record. I didn’t get the promised return.
- person is not licensed to sell securities
answered on Oct 2, 2020
You can only sue under the Federal securities laws if you were sold a security. The test commonly used by the courts to decide whether you were sold a security is known as the Howey Test. If you were the only investor who made a loan for a specific return of interest it's unlikely you were... View More
We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... View More
answered on Sep 24, 2020
Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.
answered on Sep 10, 2020
It likely does not mean that. Don't worry, it doesn't mean you weren't approved either.
You see there are different parts of a loan - origination and servicing.
Loan origination is the process by which a borrower applies for a new loan, and a lender processes that... View More
Is there any legal way to get out of my lease for a job transfer?
answered on Sep 9, 2020
Contact the landlord- The lease will control and it probably doesn't provide a way out under the circumstances. But most landlords will work with you - if you give them enough notice to find someone to replace you. So you may have to pay a couple of months rent. Some people are not paying... View More
answered on Aug 14, 2020
Your question remains open for five weeks - you could consider contacting auctioneers. They might be able to direct you to attorneys familiar with the law in this area. It's a narrow field and might not be something that the average general business law/contract attorney deals with. Good luck... View More
We are a marketing firm that has to have our clients re-sign a contract every year.
We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.
Is this legally binding in the state of Tennessee where we operate?
Thanks
answered on Aug 5, 2020
I am not aware of a prohibition on clauses that auto renew in contracts. But haven't researched the issue either. I believe there is at least one state that does restrict(and there may be others) so you would need to be careful whether you are contracting with someone in a state that may... View More
answered on Jul 24, 2020
If there was a TN Residential Disclosure Statement which was false, you might sue for misrepresentation withing 1 year. Has a lawyer searched the Title? It may not be good and suit for Warrany Breach may be possible also. Absent blatant fraud, Rescission is probably not promising.
I asked her why the increase and she told me that she had families on a waiting list willing to pay more. I explained to her that I did not mind the increase and that she just went up and with everything going on that it just seems shady. She sent me a message back stating she would send my final... View More
answered on Jul 22, 2020
I am not sure the question. If you are wondering if the landlord can 1) raise the rent or 2) terminate and not renew - on a renewal - the answer would be in your lease which should have provisions as to how the lease ends- and perhaps renews. There is also generally "hold over"... View More
The breeder knew about the illness but didn’t tell us about the illness.
answered on Jul 18, 2020
It usually depends on the language in the purchase contract, but if the contract doesn’t cover this sort of illness or you can prove the breeder knew about the illness, you Can sue for your financial losses and vet bills.
answered on Jul 14, 2020
Your lease will control how the lease is renewed. Look at your lease. The lease may automatically renew- unless you give notice of termination. It may renew if you give notice that you are renewing- either either of those- your notice was enough.
The lease could require a writing by... View More
answered on Jul 8, 2020
You will probably have to sue for return of the monies in General Sessions Court. With a Judgment, you may have to collect.
I’ve paid almost 52,000. To him
Now he trying to sell to another person
answered on Jul 7, 2020
It may depend on the language in your contract to purchase. If your agreement is enforceable and you are not in breach you may be able to stop the person from selling the house again. You should talk to a lawyer.
I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... View More
answered on Jun 28, 2020
I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.
With 400 dollars down on the new contract but there’s no box that says sellers right to cancel
answered on Jun 25, 2020
You need to read the contract very carefully. But even with no cancellation term, suing the actual contracting party for specific performance will be expensive. Proving breach of contract damages will also be difficult, but a judgment might be collectible. A pro se suit in General Sessions might... View More
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