CHARLES J. BEARD ET AL. v. WILLIAM ODOM ET AL.

Case Number
E2024-00737-COA-R3-CV

This appeal arises from the purchase of a residential home. The plaintiff homebuyers asserted claims against the defendant sellers for intentional or negligent misrepresentation and violation of the Tennessee Residential Property Disclosure Act (“TRPDA”). The plaintiffs’ claims were based solely on the defendants’ TRPDA disclosure statement, which said there were no known defects in the home’s floor structure. The trial court summarily dismissed all claims on the basis that the plaintiffs knew or should have known about the alleged defects because the plaintiffs had every opportunity to discover the defects and were made aware of the defects by their own observations and inspection reports. On appeal, the plaintiffs contend that there is a genuine issue of material fact as to whether they reasonably relied on the defendants’ misrepresentation. But the plaintiffs failed to meet their burden of proof on summary judgment to establish that they actually or reasonably relied on the disclosure statement. For this reason, we affirm the trial court’s judgment.

Authoring Judge
Judge Frank G. Clement JR.
Originating Judge
Chancellor J. Michael Sharp
Date Filed