Cases of Note

OVERVIEW: A trial court erred in granting summary judgment to a seller on a buyer's claim under the Tennessee Consumer Protection Act, Tenn. Code Ann. §§ 47-18-104 and 47-18-109, because a genuine issue of material fact existed as to whether a seller's failure to disclose earlier substantial repairs to the home's foundation, coupled with the alleged misleading characterization of the coating on the garage floor which concealed those repairs, constituted a deceptive or unfair act.

OUTCOME: Judgment reversed. (To read or download this case, click here.)