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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: What is an arbitration agreement?
A: An arbitration agreement is a contract in which two or more parties agree to arbitration, instead of the courts, to decide certain disputes. An arbitration agreement is usually a clause in a larger contract (common in construction contracts and healthcare contracts).

Arbitration is the process in which one or more neutral arbitrators hear evidence from parties to a dispute and then issue an "Award" that decides who gets what. In some instances the arbitrator may also accompany the Award with an Opinion explaining the reasoning that led to the Award. Unless the arbitration agreement specifies that it is "non-binding", an arbitration Award is generally not reviewed by a court, and no appeal is available.

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: Tennessee is an "at will" employment state. What does that mean?
A: In the absence of a written employment agreement, an "at will" employee is employed at the discretion of the employer for as little or as long as the employer wishes, and in whatever lawful capacity the employer requires. Furthermore, the employee may choose to work at the employee's own will for the length of time he or she desires. The employer can even change the terms of employment (i.e. pay scale) at any time.  An employer need not provide any reason for terminating an "at will" employee or altering the terms of his/her employment, so long as the decision is not unlawful or discriminatory (based on race, color, sex, religion, national origin physical or mental disability, or age).

Family Law

Q: What is a step-parent adoption and is it costly?
A: A step-parent adoption is where a step-parent agrees to be fully responsible for his or her spouse's child. Consent of the spouse and the child's other parent is required. After the step-parent adoption occurs, the noncustodial parent (the parent not living with the child) no longer has any rights or responsibilities for the child, including child support. These adoptions are often quick and less expensive due to the fact that the Court may waive the home study, waiting period and final court report. 

Personal Injury

Q: I was injured while using a product that I recently purchased. Do I have any recourse?
A: This often depends on the product and how the product was being used. Normally, a manufacturer of a product is strictly liable for injuries and/or property damage if the product was defective or unreasonably dangerous at the time it left the manufacturer's control. However if the product was substantially changed by the consumer, improperly maintained by the consumer, or the injuries occurred from a misuse of the product, it is unlikely that the manufacturer is responsible for any damages. In certain situations, the seller may also be held liable for damages caused by a product sold. Product liability issues can vary widely depending on the particular circumstances of your case, so you should speak with a lawyer concerning your situation.

Real Estate

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.

Wills / Estates / Trusts & Probate

Q: What is a Trust and how can it benefit me?
A: A trust is a legal relationship in which one person (the Trustee) holds property for the benefit of another (the Beneficiary). The property can be any kind of real or personal property--money, real estate, stocks, bonds, business interests, and personal possessions. It is often established by one person for the benefit of himself or of another (e.g. a spouse or children). A trust can be established to take effect now or it can be established in a will to take effect after death.

Trusts are commonly used in estate planning to minimize the tax burden on an estate. Trusts are frequently utilized to insure that children do not receive large sums of money from an estate at too early of an age. They can also be used for asset protection and other important functions, so you should consult with an attorney to find out what type of trust, if any, can be of benefit to you.