Bob Travis d/b/a Travis Company v. Nathan Ferguson d/b/a Northside Auto Sales

Appellant purchased a vehicle, owned by Appellee, from an auto auction company. After the purchase, Appellant discovered that the vehicle’s engine was defective, a fact that was not disclosed prior to sale. Appellant sought rescission of the purchase against Appellee but did not name the auto auction company as a defendant. Because the rescission and warranty of merchantability statutes, Tenn. Code Ann. §§ 47-2-608 and 47-2-314 require privity of contract between the buyer and the seller, and because the automobile auction statute, Tenn. Code Ann. § 62-19-128 clearly identifies the auction company as the seller of the vehicle, we conclude that Appellant did not have a cause of action for rescission against Appellee. Affirmed and remanded.