Gail Gottesman v. Todd Hecker

Syllabus

In this matter involving the sale of a parcel of improved real property, the buyer claimedthat the sellers should be held liable for fraudulent misrepresentations regarding thecondition 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 precludedthe buyer's recovery. Upon review, we reverse the trial court's grant of summary judgmentwith respect to the buyer's claims of fraudulent misrepresentation and fraudulentconcealment as well as her claim based on the Tennessee Residential Property DisclosuresAct. We remand these issues to the trial court for further consideration. We affirm thetrial court's grant of summary judgment concerning the buyer's remaining claims and denythe buyer's request for reassignment to a different trial court judge upon remand. We alsodeny the sellers' request for an award of attorney's fees.