Gwinn Fayne And Alfred Fayne v. Teresa Vincent And David Vincent

Case Number
E2007-00642-COA-R3-CV

In this dispute over the sale of a home, the Trial Court initially granted purchasers a rescission of the sale, but purchasers appealed to this Court. We ruled that the Trial Court had failed to put the purchasers in the position they would have occupied had the sale never occurred, and remanded the issues of various costs, pre-judgment interest and the fair rental of the property to take into consideration in placing the parties in a pre-contract status quo position. Also, remanded was the issue of attorney’s fees and whether the sellers had violated the Tennessee Consumer Protection Act. On remand, the Trial Court ruled that sellers had violated the Tennessee Consumer Protection Act and awarded attorney’s fees and pre-judgment interest, as well as adjusting the Judgment to place the parties in status quo upon rescission.

The appeal ensued by the sellers, and we affirm the Judgment of the Trial Court, as well as an award of attorney’s fees to the purchasers for their representation on appeal.

Authoring Judge
Judge Herschel Pickens Franks
Originating Judge
Judge John B. Hagler, Jr.
Case Name
Gwinn Fayne And Alfred Fayne v. Teresa Vincent And David Vincent
Date Filed
Dissent or Concur
No
Download PDF Version