Real Estate Disputes in Tennessee
Nashville Real Estate Litigation Lawyers
Buying or selling real estate should be a milestone—not a nightmare. But when a seller lies on a disclosure form, a buyer walks away from closing, or title, boundary, or contract issues surface at the worst possible time, a real estate deal can quickly become a serious legal problem.
Whether you purchased a home only to discover hidden defects, or you are a seller whose buyer backed out without good cause, Freeman & Fuson can help. We represent both buyers and sellers in Tennessee real estate disputes, working to enforce contracts, recover financial losses, and hold the other side accountable under Tennessee law.
Key Tennessee Laws in Real Estate Disputes
Real estate litigation in Tennessee often involves several important statutes, including:
- T.C.A. § 29-2-101 – Tennessee’s Statute of Frauds, requiring contracts for the sale of land to be in writing
- T.C.A. § 66-5-201 et seq. – Tennessee Residential Property Condition Disclosure Act (seller disclosure obligations in most residential sales)
- T.C.A. § 47-18-101 et seq. – Tennessee Consumer Protection Act (unfair or deceptive acts or practices)
We use these and other statutes strategically—whether we’re pursuing claims for misrepresentation, enforcing a purchase agreement, or defending a client who has been unfairly accused.
Common Real Estate Disputes We Handle
We represent buyers and sellers in a wide range of real estate conflicts, including:
- Seller misrepresentation and failure to disclose defects
- Disputes involving Tennessee property condition disclosure forms
- Buyers backing out of contracts without legal justification
- Earnest money and deposit disputes
- Title defects and encumbrances discovered before or after closing
- Boundary, easement, and access disputes
- Contract interpretation and enforcement
- Fraud, concealment, and deceptive practices in real estate transactions
Every real estate dispute is fact-specific. Our job is to analyze the contract, the disclosure history, inspections, communications, and the applicable law to build the strongest case possible.
Seller Misrepresentation & Disclosure Issues
Tennessee has specific laws governing seller disclosures in most residential real estate sales. Under the Tennessee Residential Property Condition Disclosure Act (T.C.A. § 66-5-201 et seq.), sellers of residential property generally must provide a written disclosure statement regarding the condition of the property, including:
- Known defects in systems (roof, HVAC, plumbing, electrical)
- Water intrusion, flooding, or drainage issues
- Structural problems or foundation issues
- Termite damage or pest problems
- Environmental hazards or previous repairs
When a seller:
- Fails to disclose known defects,
- Provides misleading or false information on the disclosure form, or
- Attempts to hide serious issues,
The buyer may have claims for:
- Breach of statutory disclosure obligations
- Fraud or fraudulent misrepresentation
- Negligent misrepresentation
- Violations of the Tennessee Consumer Protection Act (T.C.A. § 47-18-101 et seq.) in certain cases
We help buyers who discover hidden problems after closing—water damage, structural issues, mold, defective renovations, or other conditions that were concealed or misrepresented. We also defend sellers when buyers try to blame them for issues that were disclosed, obvious, or caused by the buyer’s own acts after purchase.
Buyers Walking Away from Closing
On the other side, sellers can be seriously harmed when buyers simply walk away without good cause. Under T.C.A. § 29-2-101, contracts for the sale of real estate must be in writing to be enforceable. Once a valid written purchase and sale agreement is executed, both sides are bound by its terms.
When a buyer breaches a written contract, the seller may be entitled to:
Retain some or all of the earnest money deposit
Recover additional damages (such as carrying costs, price difference if the property later sells for less, and other losses)
Seek specific performance, in some cases, asking the court to order the buyer to complete the purchase
We review:
The purchase and sale agreement and all amendments
Financing contingencies and inspection contingencies
Communications leading up to the failed closing
Whether the buyer had a legitimate contractual excuse—or simply got cold feet
Our goal is to enforce your rights under the contract and minimize your financial loss.
Contracts, Statute of Frauds & “Handshake Deals”
Tennessee’s Statute of Frauds (T.C.A. § 29-2-101) requires that contracts for the sale of land be:
- In writing, and
- Signed by the party to be charged
Verbal promises about real estate—price, repairs, included items, later buy-back agreements—can be difficult or impossible to enforce without written documentation.
We help clients:
- Determine whether a real estate agreement is legally enforceable
- Evaluate emails, texts, and other writings that may satisfy statutory requirements
- Interpret contract terms involving repair obligations, inspection rights, and closing conditions
- Enforce or defend against alleged side agreements and addenda
In many disputes, the outcome hinges on what is (and is not) in writing.
Title, Boundary & Easement Disputes
Not all real estate disputes are about disclosures or failed closings.
Some involve ongoing property rights:
- Boundary disagreements with neighbors
- Easement disputes over driveways, access roads, or utilities
- Encroachments by fences, structures, or landscaping
- Questions about rights-of-way and shared drives
These conflicts can affect property value, access, and marketability. We work with surveys, deeds, and historical records to clarify property lines and resolve disputes, either through negotiation or litigation.
Remedies in Tennessee Real Estate Litigation
Depending on the facts, available remedies may include:
Rescission
Unwinding the transaction and restoring both parties, as much as possible, to their pre-contract positions
Damages
Compensation for repair costs, diminished value, lost profits (in some cases), and related expenses
Specific Performance
Compelling a breaching buyer or seller to complete the transaction where appropriate
Reformation
Correcting written documents to reflect the parties’ true agreement
Attorney’s Fees
If provided by contract or allowed under specific statutes, such as the Tennessee Consumer Protection Act
We tailor the requested remedies to what actually helps you: fixing the problem, recovering money, or getting out of a bad deal as cleanly as possible.
How Freeman & Fuson Approaches Real Estate Disputes
Our real estate litigation approach includes:
1. Contract & Document Review
We start with the paper trail: purchase agreements, disclosures, inspection reports, repair invoices, emails, texts, title documents, and closing files.
2. Fact Investigation
We gather photos, expert reports (inspectors, engineers, appraisers), and witness statements to understand the true condition of the property and what each side knew and when.
3. Legal Analysis Under Tennessee Statutes
We apply Tennessee property disclosure laws (T.C.A. § 66-5-201 et seq.), statute of frauds (T.C.A. § 29-2-101), and consumer protection provisions (T.C.A. § 47-18-101 et seq.) to identify all viable claims and defenses.
4. Negotiation & Alternative Dispute Resolution
Many real estate disputes can be resolved through negotiation or mediation, saving time and money. We work to reach fair, practical resolutions while keeping litigation as an option.
5. Litigation When Necessary
When resolution isn’t possible, we are prepared to litigate. Our trial experience allows us to explain complex property and contractual issues clearly to judges and juries.
Talk to a Nashville Real Estate Dispute Lawyer Today
If you believe you were misled in a real estate transaction—or you’re a seller or property owner facing unfounded claims—you don’t have to handle it alone. Call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation. We’ll review your contract and documents, analyze the facts under Tennessee law, and pursue the strongest path to protect your property, your investment, and your rights.