Daniel D. Hall v. Eagle Rock Development, LLC
Case Details
- Judge(s)
- Judge Charles D. Susano, Jr.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal affirmed
Related Laws
No specific laws identified for this ruling.
Outcome
The trial court found material misrepresentations regarding sewage disposal access, granted the Halls rescission of the purchase contract with a $123,000 refund, and awarded attorney's fees under the Tennessee Consumer Protection Act against Blue Ridge Realty. The appellate court affirmed.
Excerpt
This case involves misrepresentations allegedly made to a husband and wife, purchasers of real estate. On June 16, 2006, Daniel D. Hall and Julie K. Hall executed a contract to purchase lot 25 in the Preserve at English Mountain (the Preserve). On June 30, 2006, the transaction closed. In November 2009, the Halls learned, for the first time, that public sewage disposal was not available to lot 25. Because of this deficiency, the Halls were restricted, against their wishes, to a dwelling with only two bedrooms. On December 14, 2012, based upon the misrepresentation that lot 25 would have access to public sewage disposal, the Halls filed a complaint against various entities and individuals involved in the sale. Refusing to pierce the corporate veil as to individual defendants Phillip Joseph and Daniel L. Barnett, the trial court dismissed all of the individual defendants and some of the other defendants. The court found material misrepresentations and granted the Halls rescission of the purchase contract and a refund of $123,000. In addition, the court awarded the Halls attorney's fees under the Tennessee Consumer Protection Act (TCPA) against Blue Ridge Realty, Inc. (Blue Ridge) predicated upon the failure of the Halls' agent to disclose that he was a member of the entity selling the property. Eagle Rock Development, LLC (Eagle Rock) and Blue Ridge (collectively the entity defendants) appeal. We affirm
What This Ruling Means
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