William H. Lublin v. Vastland Northcrest Development, LLC

This matter arises from two failed real estate transactions. A buyer contracted to purchase two townhomes from a real estate developer. However, after the sales failed to close, the developer purported to cancel the transactions. The buyer then sued the developer, seeking decrees for specific performance and damages for breach of contract. The buyer also asserted a claim under the Tennessee Consumer Protection Act. After a bench trial, the trial court entered an order awarding the buyer specific performance but denying his claim for damages. The trial court also found a TCPA violation and awarded the buyer his attorney’s fees and costs. On the breach of contract claim, we have determined that the developer breached the contracts and that the buyer failed to sufficiently prove his damages, and we affirm the trial court’s decision. We also conclude that the trial court erred in finding a TCPA violation and reverse this finding, as well as the award of fees and costs pursuant to the TCPA. Finally, we have determined that the developer was not the prevailing party in the trial court or on appeal and deny its request for an award of attorney’s fees.