Gregory White, et al. v. Jack Miller, et al.

Sellers of home and their listing agent brought suit against a real estate brokerage firm and an agent employed by the firm to recover for alleged violations of the Tennessee Consumer Protection Act and Real Estate Broker License Act, undisclosed dual agency, and breach of fiduciary duty, arising from the sale of plaintiffs’ home.  The brokerage firm agent procured a contract whereby the sellers agreed to purchase the buyers’ home, with the purchase price for the buyers’ home to be treated as a credit on the purchase price of the sellers’ home.  Upon learning that the agent was also representing the buyers, the sellers brought suit, seeking forfeiture of the agent’s and brokerage firm’s commission; the sellers’ listing agent joined in the suit to recover the commission the brokerage firm agreed to pay her as a referral fee.  The trial court dismissed all claims filed by the seller husband for lack of standing, granted summary judgment to seller wife on her claim of undisclosed dual agency, and ordered that the brokerage firm and agent forfeit the commission from the sale.  The court awarded the listing agent the commission she sought and granted summary judgment to brokerage firm and agent on the seller wife’s claim under the Tennessee Consumer Protection Act and on the seller wife’s claim that she was entitled to the commission generated by the sale of the buyers’ home.  Upon a thorough review of the record, we affirm the judgment in part and reverse in part, and remand the case for further proceedings.