Court reviews whether a buyer wrongfully refused to close on an agreement to purchase property

DAVID R. SEATON, ET AL. v. WISE PROPERTIES-TN, LLC (Tenn. Ct. App. June 22, 2012)

This appeal concerns a contract for the purchase and sale of property. The buyer refused to close pursuant to the terms of the contract and stopped payment on its earnest money check. The sellers brought an action for specific performance and breach of contract. The buyer alleged that the sellers breached the contract first. The trial court found in favor of the buyer, holding that because the sellers did not cause title to be examined ten days from the effective date of the contract, the buyer had a right to withdraw the earnest money payment. The sellers appeal. We affirm the judgment of the trial court.

Opinion available at:
https://www.tba.org/sites/default/files/seatond_062212.pdf

Court reviews the enforceability of a purchase and sales agreement and who is liable for its breach

ROSS H. TARVER, et al., v. OCOEE LAND HOLDINGS, LLC., et al. (Tenn. Ct. App. September 19, 2011)

Plaintiffs sued defendants on a sale of real estate contract wherein defendants agreed to purchase certain real estate located in Polk County from plaintiffs for a stated price. Defendants joined issue on the pleadings in the trial before the Trial Judge.

The Trial Court held that the purchase and sales agreement was enforceable, and refused to find Ocoee Land Holdings, LLC liable for breach of the purchase and sales agreement, but held Glen Fetzner personally liable. Defendants and plaintiffs have appealed.

On appeal, we hold that the purchase and sales agreement was an enforceable contract, but the Court erred when it held Glen Fetzner personally liable for the breach of the purchase and sales agreement, and the Trial Court also erred when it did not find Ocoee Land Holdings, LLC liable for the breach of the contract. We enter Judgment against Ocoee Land Holdings, LLC.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/tarverr_091911.pdf