JAY WILFONG v. CRK REAL ESTATE, LLC, ET AL. - Articles

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JAY WILFONG v. CRK REAL ESTATE, LLC, ET AL.

Posted by: Tanja Trezise on Jun 18, 2014

Court: TN Court of Appeals

Attorneys 1:

Jay Wilfong, Mt. Juliet, Tennessee, Pro Se.

Attorneys 2:

T. Price Thompson III, Lebanon, Tennessee; Sanford L. Michelman, Todd H. Stitt, Marc R. Jacobs, Encino, California, for the appellee(s), CRK Real Estate, LLC, RM Wilson County Investors, LLC, Hamid Mashhoon, Mondana Mashhoon Gordon, Mahasti Mashhoon, and The Mashhoon Family Inter Vivos Trust Dated May 4, 1997;

W. Andrew Bobo, M. Wyatt Burk, Shelbyville, Tennessee, for the appellee, Traders Bank;

Timothy L. Warnock, Timothy G. Harvey, Nashville, Tennessee, for the appellee, Carol Perrin;

John S. Hicks, Nashville, Tennessee; Sonya Smith Wright, Murfreesboro, Tennessee, for the appellees, Charles R. Kaelin and Marcus French.

Judge(s): ASH

This case arose out of a contract for the sale of real estate. The contract included a provision requiring the buyer to make “commercially reasonable efforts” to sell the property, and to split any profits with the seller if the property was resold within 36 months. The buyer did not sell the property, and the seller brought suit, raising numerous claims, including breach of contract, breach of fiduciary duty, violations of the Real Estate Settlement Practices Act (RESPA), the Truth in Lending Act (TILA), the Fair Debt Collection Practice Act, the Consumer Protection Act, RICO, wrongful foreclosure, promissory fraud, civil conspiracy, collusion, intentional infliction of emotional distress, constructive trust, conversion and unjust enrichment. After a hearing, the trial court granted the buyer’s motion to dismiss thirteen of the seller’s claims, denied the motion to dismiss another six of his claims, and certified its order as final for the purposes of appeal under Tenn. R. Civ. P. 54.02. We affirm the trial court.

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