Tennessee Real Estate Law Questions & Answers

Q: In TN, can a real estate agent 'cold call' homeowners and ask if they're interested in selling their home?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 18, 2019
Leonard Robert Grefseng's answer
In my opinion, yes. It seems to me that this is no different than the girl scouts going door to door to sell cookies- if the homeowner isn't interested in selling, all they have to do is say no, thanks, and shut the door or hang up the phone.

Q: Is a real estate license required to wholesale real estate in Knoxville, Tennessee?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 16, 2019
Anthony Marvin Avery's answer
Assigning a Contract is not a conveyance by Deed. So I would think you are charging a large commission. Some realtor may try to charge you with a crime. Also whoever you do business with may get nothing for their money or get mad and call the cops on you. At best it is dubious and could get you sued. My recommendation is get a License as it is not that difficult.

Q: Girlfriend 6 years both on deed of house in Tennessee. Bought at 60k. She is dying. Her children want money

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
Not sure of your question. But boyfriend can stop making payments on the Deed of Trust and let the other Owner's Kids make payments. If she dies he is the Surviving Tenant By The Entirety, subject to the Deed of Trust. If he predeceases her, then she takes title fee simple, subject to Note and TD. If Note is not paid, Foreclosure will occur an d Detainer will remove both from house. He could also offer to sell his interest for a price, then kids take his Survivorship Interest subject to the...

Q: Under 1 year lease landlord sells house new owner wants to dishonor lease completely and increase rent

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.

Q: Can an executive evict a heir of the estate who has been living there 16 years While it's in probate?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
Your Father is not in a good position. Apparently there is a Will in Probate, so he may not be an Heir-At-Law. In fact it may be the Executor's Duty to sell the real property and distribute the proceeds, so you must read the Probated Will. He could possibly file a Claim Against the Estate, but this would be a very weak suit. If a Detainer Warrant is filed, he should assert the SOL, but he does not want to be in contempt of the Probate Court. A Title Search may disclose it was not the...

Q: After signing closing papers on a home. The seller was told to write a check to the new owner for repairs? WHY?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
You better read the Sales Con tract, which is the place where the purchase price and any setoffs should be listed. There may be realtor fraud. Also read any and all closing documents such as the Settlement Statement with all the money figures. It does not appear that you all have any idea what went on. Then hire a competent attorney to possibly sue. Then again the Seller may have agreed to all of this.

Q: I have a agreement to sale contract on my house. Is it typical for an agent to want ltd. POA for convenience in closing?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 9, 2019
Anthony Marvin Avery's answer
It does not make any difference what is the Agent's normal routine. You should not give a Power of Attorney to anyone, limited or not. Go to the Closing yourself and read the majority of all documents utilized. Of course the Deed of Trust and Note should not concern you as the Seller, but read the Deed, HUD-1, Disclosure Statement, Survey, etc. Yes ,Title can transfer without a payoff of the present Deed of Trust, but the Conveyance will be with an encumbrance, and you would be in Breach...

Q: Locks were changed as I was moving due to rat infestation . Can I sue to retrieve personal property and damages?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 25, 2019
Anthony Marvin Avery's answer
If the personal property items are really important to you, then send a written demand for the listed items to the Landlord. Upon refusal or them ignoring you, you can file suit in General Sessions for an Action to Recover Personal Property or for Conversion Damages. I doubt you have any other significant legal remedies.

Q: My landlord said I had to move in 30 days so she can renovate the house this is before my lease is up is that legal?

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Mar 20, 2019
Anthony Marvin Avery's answer
If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...

Q: When your neighbor won't sign an enroachment because they are selling the house?

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Mar 19, 2019
Anthony Marvin Avery's answer
More than likely you and your predecessors in interest have Acquiesed to the neighbor's improvements being the actual Boundary. However if they will not agree to a new Boundary Line (drafted by a competent attorney) then you should file suit for Trespass Damages and to Enjoin Further Use of your real property. The neighbor's proper response is to deny trespass and counterclaim to Determine a Boundary. You better start talking to your predecessors in title to tack time without an...

Q: Took over my mother's house payment with an oral agreement that once paid for she would deed it to me. Do I have any ri

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 18, 2019
Anthony Marvin Avery's answer
You have no legal rights concerning Title. She would have to file a Detainer Warrant to recover Possession. Someone might make an Equitable argument, but it would be weak at best.

Q: Can I make an offer on a home if I’m still under contract on a home I no longer like or want? My agent says no.

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 13, 2019
Leonard Robert Grefseng's answer
Real estate contracts are BINDING legal documents- you can't just back out because you change your mind. The contact can, and often do, contain conditions which, if not fulfilled, allow the contract o lapse. Have the contract reviewed by an experienced real estate attorney for specific advice- otherwise, listen to your agent who is supposed to assist you through the transaction.

Q: My father bought a house 3 months before he died. My lawyer says we can not let the house go back we have to pay it off

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 12, 2019
Anthony Marvin Avery's answer
You definitely need your own attorney. The Creditor Bank evidently wants to Probate the Estate so it can file a Claim against the Estate it pays itself as the Personal Representative. Obviously you and your Family have not attempted to divide up his Estate, and instead have been making installments on a Note which is not yours but is secured only by the Real Property. You and the other Next-Of-Kin definitely can quit paying the Note and allow Foreclosure to occur. Hire a competent attorney...

Q: Hello, I currently bought land and the owner before stated the septic tank was on the property.

1 Answer | Asked in Gov & Administrative Law, Intellectual Property, Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Mar 6, 2019
Leonard Robert Grefseng's answer
This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you might be entitled to damages. Consult an experienced litigation attorney soon.

Q: Dad married to wife 39 yrs. Wife wills house only in her name to kids. Does he get anything?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Feb 22, 2019
Anthony Marvin Avery's answer
If the Will is Probated, then he can Elect Against The Will and receive an Intestate Share. Additionally he can get a year's worth of financial support. Usually the land does not go through the Estate unless it is Insolvent (and therefore should not have been Probated in the first place. Dad needs a competent attorney.

Q: dad married 39 yrs. House in her name. Without being on deed what share of the house would dad inherit upon her death?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Feb 22, 2019
Anthony Marvin Avery's answer
Unless she conveys the real property to someone else, or devises it in a Probated Will, then your Father takes an Intestate Share. This could be

the entire Estate if no Issue. If there is surviving Issue, then either 1/3 or a child's share, whichever is greater. You need to perform a Title Search.

Q: Real Estate is titled in name of a Living Trust.

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Feb 20, 2019
Anthony Marvin Avery's answer
You need to read the Trust Instrument first. Then in accordance with its terms, the Trustee deeds the property to the Beneficiary. It can be a Quit Claim or Warranty Deed. The Trustee conveys just like any other conveyance, which will probably say a dollar and other good and valuable consideration. The Valuation Affidavit should probably recite the present value of property conveyed, with tax computed and paid thereon. A competent attorney needs to draft the Deed.

Q: What can I do if someone attaches a hose to my house without permission multiple times a month

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Tennessee on
Answered on Feb 18, 2019
Anthony Marvin Avery's answer
If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.

Suing the Owners for utility expense will result in a countersuit for rentals and damages.

Q: Does the buyer pay the taxes or the seller? Buyer has occupied the house for a year and still making payments.

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Feb 18, 2019
Leonard Robert Grefseng's answer
There is no set rule of Tennessee law on how a buyer and seller handle payment of property taxes- it is something that can be negotiated. Do you have a written contract of sale with is buyer? If so, read it carefully- it sounds like the buyer may have already breached the contract if he did not pay as was agreed. If there is no written contract, YOU, as the owner of the property risk losing the property if the taxes are not paid. Consult an experienced real estate lawyer in Missouri for...

Q: My grandma passed and left alot of land to my mother, brother, sister and I.

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Estate Planning and Family Law for Tennessee on
Answered on Feb 15, 2019
Anthony Marvin Avery's answer
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...

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