Gail Gottesman v. Todd Hecker, et al.

In this matter involving the sale of a parcel of improved real property, the buyer claimed
that the sellers should be held liable for fraudulent misrepresentations regarding the
condition of the property. The trial court granted summary judgment in favor of the sellers,
determining that the presence of an “as-is” clause in the parties’ sales contract precluded
the buyer’s recovery. Upon review, we reverse the trial court’s grant of summary judgment
with respect to the buyer’s claims of fraudulent misrepresentation and fraudulent
concealment as well as her claim based on the Tennessee Residential Property Disclosures
Act. We remand these issues to the trial court for further consideration. We affirm the
trial court’s grant of summary judgment concerning the buyer’s remaining claims and deny
the buyer’s request for reassignment to a different trial court judge upon remand. We also
deny the sellers’ request for an award of attorney’s fees.