If you have to hire and to pay a lawyer for a collection case, breach of contract case or to defend a lawsuit or arbitration proceeding brought against you by another party, is it possible for you to recover from the opposing party the money you have to pay your…
A recent Tennessee case illustrates the importance of disclaimers in contracts. Here are the facts of the case: • The Seller told the real estate brokers that he “had the property under contract” with the owner • The Seller signed a listing agreement with the brokers in which he represented…
A recent federal case from the Sixth Circuit Court of Appeals which involved retail space in Brentwood, Tennessee is worth paying attention to if you are, or might be, a landlord or tenant under a commercial lease in Tennessee. Here are the basic facts: • Sports Authority entered into a…
For buyers of lots within subdivisions where the buyers are required to use a specified builder, a recent Tennessee case reinforces the old adage— “let the buyer beware.” In Davidson County, Williamson County and other counties surrounding Nashville, some developers of subdivisions require a buyer of a lot to agree…
Many businesses in Nashville, and in other parts of Middle Tennessee, have entered into written contracts which contain what we lawyers refer to as “forum selection” clauses. A typical forum selection provision might read something like this: “In the event of a dispute between the parties, the parties agree that…
In a recent Tennessee Supreme Court case, Morrison v. Allen, two Nashville financial planners/insurance agents were held liable to the widow of a husband who had purchased life insurance through the agents. The agents recommended that the husband obtain a life insurance policy with coverage of one million dollars, and…