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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: can a property be sold with a lien on it because the title company placed a bond to discharge lien with conditions?

We placed a mechanics lien on a property but they were able to sell it. The title company placed a bond to discharge lien but with a condition that if the ruling was in our favor. The contractor and owner under which the building permit was filed under and we got our permit. That the they will have... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2020

If you do not file suit to execute your m & m lien within a short period of time, you lose it. Hire a competent attorney now to see if you can execute it. If you still have a lien, it is against the property, not any of the owners.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for a real estate agent/company to make you use them for a specific house or unit?

My wife and I found a condo we wanted to purchase before signing a buyer agreement with an agency. After we signed and submitted an offer, we discovered that our agent sent two consecutive offers that had incorrect terms on them, including one that would have required us to place an 80% down... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2020

You should not be signing offers without reading them. You might hire an agent to represent you, but you need to be very careful about looking for properties in the first place. It would be wise to hire an attorney to continually assist you, and check out prospective properties prior to you... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the least complicated way to sell a 200k paid house to a son parents will finance sale Parents are retiring
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

There are many ways of conveying improved real property to a son. I recommend hiring a competent attorney: to perform a title search including looking at the legal description; drafting a quit claim deed (since I doubt he wants to sue his parents); deciding upon an agreed purchase price... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it true when a home is sold in Tn that the utilities must be on?
Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

Not to my knowledge. If there is a relevant clause in the Real Estate Sale Contract, then that term on current utilities controls. But no Tennessee Statute applies. Possibly some county ordinance or city code requires it. Who would enforce it?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Selling a house that was suppose to goto someone else

My wife inherited a house, but it went to her mom until she was 18. Her mom sold the house to their aunt (was paid off but now the bank owns it bc of the aunt using it for a loan) Is there legal action for us to get the house back

Bennett James Wills
Bennett James Wills answered on Feb 3, 2020

You should consult with an attorney asap to determine your options. An attorney would need to looks at the property records and any will that may have conveyed the estate to your wife. There are a lot of moving parts to cases such as these. An attorney would need to review of all relevant documents... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: May children of the deceased use an Affidavit of Heirship in Tennessee to legally sell real estate (house) to neighbor?

House in Paris, TN owned by father and mother with TennCare assessment. Father passed in 2015 while mother was in nursing home with dementia. Family was advised by attorney that estate needed to be opened. Both had wills which appointed each other as Execs with me as alternate, but were drawn up... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

You haven't asked a question. What do you want to do? File a complaint against your former attorney? Sell the house? You would be wise to hire another attorney to discuss options and determine the best course of action.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My aunt passed in Tennessee My mother is the only sibling. How can she obtain her house and sell it. It’s paid for and

My mother has no money

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 28, 2020

Consult an experienced real estate lawyer with the proposal that the attorney fees can be paid from the sale proceeds. If the house has any real value, an experienced lawyer will know that he will eventually get paid in full and thus he/she won't require payment in advance. If your aunt passed... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Me and my family have been living in the same house for 15 years and still are. We have rent to own it.

We have a lease and deed from where we are buying it also. The landlord dropped the deed with out us knowing but we was and are still paying on the house still. She dropped it 5 years ago and just told us a few months back that she dropped it. Now her grandson who is not the landlord keeps bring... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2020

SOL for Detainer has run. Owner can only file suit for Ejectment.

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Me and my family have been living in the same house for 15 years and still are. We have a lease and deed.

We have rent to own the house for 15 years. But the landlord who owns the house is wanting to kick us out because of her grandson is wanting to move in it. She dropped the lease and deed without us knowing. She dropped it 5 years ago and just told us recently 5 months that she had dropped the... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 27, 2020

You would be wise to hire an attorney asap to review the relevant documents and file the appropriate lawsuit.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: my father quit claimed his home to me in Nov. 2019. We are trying to sell the home, due to he lives with me now. can i

quit claim it back to him? Would this avoid capital gain at sale? he has lived there for 30 years and out for 3 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 25, 2020

You can. As long as it was his primary residence for 2 of the last 5 years the first $250k of gain will be excluded.

You still have a gift to you then a gift back, then a sale with a lump sum of cash. So your going to need to look at gift tax returns, likely no tax owed, and potential...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: neighbor capped culvert put in 4" drainage pipe floods my property what can i do ? i live in overton county tn.

property floods water backs up like a pond half of my 1.5 acre yard is flooded. i ve tried talking to them but they don't want to talk about it. natural flow is from my property through their property to retention pond.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 24, 2020

Your neighbor has created what the law calls a "nuisance"- you have the right to sue to have it removed. It sounds like the situation can be corrected, so the nuisance is "temporary." Consult an experienced real estate lawyer.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: 2 property’s sharing well, 1 property sales without being told they must share well. Are we bond to share well now?

Well sets on my property, other property is planning on building 2 more homes and use my well do we have to comply

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

Have you performed a title search? Because of permissive use over time there may be a prescriptive use easement for the benefit of the other property, or you may be able to assert none exists. Be prepared to litigate by hiring a competent attorney to look into it. The burdening water use... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: title insurance company didnt find the original owners last Will, leaving it to family, now they have and she is losing

My niece bought a house in NC, it was sold and bought 4 times before she bought it. No one ever found the Will from 2003 leaving it to family. But now that she is selling it they found it and they want her to cut the price. Is this legal or not?

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Unless the Will is Probated, it has no effect. But apparently you have a NC Title problem, not in TN. She may wish to walk away from the deal or find someone else to close the transaction.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My (step) dad bought me a house from my early inheritance. His name and my name are the Only names on all paperwork.

He passed away in May without a will and now my mom thinks she is the owner. The tax office placed "etux" behind his name on the tax papers. Is that only for survivorship if I were to pass away or does she now legally own half? I want to sell and move but she is refusing me to have the money from... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 10, 2020

the tax records are irrelevant- you must look at the DEED. That is the document that determines ownership. If half passed to your mother upon your fathers death, then you can still force a sale of the property through a "partition lawsuit." Consult an experienced real estate lawyer to assist you.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: There's a property that has a home on it that's been vacant for 10 plus years how can I legally aquire the property?
Anthony M. Avery
Anthony M. Avery answered on Jan 3, 2020

Hire a competent attorney to perform a title search. Then you decide how much money and time you want to spend clearing title, getting a deed from all interested parties, purchasing it from the Tax Trustee, etc. Rarely will you be lucky enough to do it yourself.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: A property management company is refusing to show me the terms of a lease until AFTER I sign it. Is this legal?

I’m looking to rent a property with a property management group. However, they have refused to show me the lease before I sign it and pay them my non-refundable security deposit and first month’s rent. Can they legally force me to sign a lease before sharing the details of the contract with me?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

No, landlords or property management companies cannot "force you to sign a lease." However, that is not what they are trying to do here.

FYI: Landlords may lawfully refuse to rent to you unless you agree to do certain things--such as agreeing to put down a reasonable security deposit and...
Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long do I have to post notice and advertisement?
Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2019

What is your question? You will have to disclose a few facts, and especially what it is that you are trying to do.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I bought land from someone who never filed easement.

I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in

Chancery Court to have an Easement Declared (which will be...
Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm a landlord and I have a friend that wants me to rent out his house when he moves away. If we sign a limited power

Of attorney Is it legal for me to rent out and manage his property for him? (I dont have a broker's license)

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

You are trying to manage the real property, not sell it. Yes, you can legally be a landlord.

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