A recent Tennessee case illustrates the importance of disclaimers in contracts. Here are the facts of the case: • The Seller told the real estate brokers that he “had the property under contract” with the owner • The Seller signed a listing agreement with the brokers in which he represented…
Articles Posted in Business Litigation
Liability of Successor Lessors for Construction Defects in Tennessee
A recent federal case from the Sixth Circuit Court of Appeals which involved retail space in Brentwood, Tennessee is worth paying attention to if you are, or might be, a landlord or tenant under a commercial lease in Tennessee. Here are the basic facts: • Sports Authority entered into a…
Developer Not Liable For Acts And Ommissions of Exclusive Builder
For buyers of lots within subdivisions where the buyers are required to use a specified builder, a recent Tennessee case reinforces the old adage— “let the buyer beware.” In Davidson County, Williamson County and other counties surrounding Nashville, some developers of subdivisions require a buyer of a lot to agree…
How Forum Selection Clauses In Contracts Affect Tennessee Businesses
Many businesses in Nashville, and in other parts of Middle Tennessee, have entered into written contracts which contain what we lawyers refer to as “forum selection” clauses. A typical forum selection provision might read something like this: “In the event of a dispute between the parties, the parties agree that…