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Q: What is a Residential Disclosure Statement?
A: Owners of residential property who are offering their property for sale are required by law to provide prospective buyers with a Residential Property Disclosure Statement. In most cases, your realtor will assist you in completing this form prior to listing your home for slae. This disclosure statement asks a series of questions regarding the condition of your home. You as an owner are requierd  by law to answer these questions truthfully to the best of your knowledge and to disclose all known defects in the property. If you are in doubt as to whether or not you should disclose a defect or a problem you have experienced with your home, it is in most cases best to err on the side of caution and make the disclosure. There are some instances in which some owners may be exempt from providing this disclosure statement, so you should consult with a licensed realtor or attorney first.

Business Law & Company Formation

Q: When does a contract need to be in writing?
A: It is important that when entering into a contractual relationship with someone that the terms of that relationship be memorialized in writing if possible. Under Tennessee law, there are some types of agreements that are required to be in writing in order for them to be legally enforceable. Agreements for the sale of real property, leases for a term longer than one (1) year, any agreement that cannot be fully performed within one (1) year of the making of the agreement, and agreements made upon the consideration of a marriage (e.g. prenuptial agreements) must all be in writing in order to be enforceable. There are other types of agreements that must be in writing to be enforceable and there are some exceptions to this rule, so you should consult with an attorney if you have any doubts as to whether a contractual agreement you are entering into (whether written or verbal) is legally enforceable.

Criminal Law

Q: If an Officer asks to search my car, do I have to say
A: No. You have a right to refuse a request to search your vehicle. Keep in mind that the main reason any officer would want to search your car would be to gather evidence of any criminal activity, and the fact that such a request has been made shows that the officer conducting the stop expects to find it. If the police officer has the legal authority to perform the search, he will do so whether or not you agree.  In situations where there is no authority to conduct a search, your consent gives him that authority to search. Anything found by way of a permissive search will very likely be admissible as evidence against you should you be charged with a crime. You are entitled to say "No" to a request to search your vehicle.

Employment Laws

Q: As an employer, am I required to give maternity leave to an employee?
A: Maybe. If your employee has worked as a full-time employee for at least twelve (12) consecutive months, the employee may be entitled to maternity leave. This maternity leave is typically unpaid and should not exceed four (4) months for pregnancy, child birth and nursing the infant. Normally, your employee is required to give three (3) months notice of her anticipated date of departure, her length of absence and her intent to return to full-time employment. Furthermore, certain employers may be exempt from the requirements of this law based on the job type or the number of employees employed (varies based on state and federal law) so you should speak with your attorney concerning your particular situation.

Family Law

Q: My earnings have changed since my child support was set, should this be adjusted?
A: Probably so. A court will look to see if there has been a "significant variance" that would alter a parent's obligation to his or her children. To show a "significant variance", the non-paying parent must show that the paying parent experienced a 15% change in gross income. Other factors that may alter a child support obligation include changes in the number of children for which either party is responsible, changes in the actual number of days each parent visits with the child, or if a child becomes disabled.

The facts giving rise to child support obligations can vary widely, so you should speak with a lawyer concerning your particular situation.

Personal Injury

Q: As an employer, when am I subject to the worker's compensation laws?
A: Generally, Tennessee employers with five (5) or more full or part-time employees are subject to the Worker's Compensation laws and are required to carry workers' compensation insurance. Corporate officers and family members, if they meet the definition of employee, are included in the count toward the total, regardless of whether the officer(s) elects to decline coverage.

If you have less than five (5) employees, you may still want to file an election to be under the Act and to maintain workers' compensation coverage because it may protect you from paying damages if an employee is injured and from providing lifetime medical benefits to an injured employee.  There are certain exceptions to this rule, so, as always, consult your attorney for specific advice.

Real Estate

Q: I have rental property in Rutherford County and my tenant stopped paying rent. What can I do?
A: If your tenant is in breach of the lease agreement due to non-payment of rent, you have the right to regain possession of the property and sue for the past due rent; however, there is a specific legal process that you must follow. You must first provide notice to the tenant of his or her non-payment. If the lease was entered into prior to October 1, 2008, you must follow the notice requirements set forth in the lease (if any). If the lease was entered into after October 1, 2008, you must follow the specific notice requirements set forth in the Tennessee Uniform Residential Landlord and Tenant Act (URLTA). Once these notice requirements are satisfied as set forth in the lease or according to URLTA (whichever may apply), you may proceed with filing suit to regain possession of the property and recover any damages. To insure that you are following the proper procedures, it is recommended that you consult with your attorney.

Wills / Estates / Trusts & Probate

Q: Is a handwritten Will valid in the State of Tennessee?
A: A Last Will and Testament that is completely handwritten and signed by the testator is considered a valid Will in the State of Tennessee only if the testator's handwriting can be proven by two witnesses.  This is called a holographic Will.  Holographic Wills are convenient in situations where the testator is unable for whatever reason to have a proper Will drawn up by an attorney.  There are a wide variety of reasons why you should consult with your attorney and CPA prior to drafting a Will, so holographic Wills should be reserved for emergency situations only.