All Content

Posted by: Tanja Trezise on Sep 28, 2012

Court: TN Court of Appeals

Attorneys 1:

Douglas Berry, Nashville, Tennessee, for the appellant, Rolanda Amos.

Attorneys 2:

Michael K. Radford, Brentwood, Tennessee, for the appellees, Phillip A. Corbitt and Vera A. Corbitt.

Judge(s): CLEMENT

The sellers of real estate brought this action against the successful bidder at a real estate auction after the bidder failed to close because she was unable to obtain a loan sufficient to purchase the property. The sellers later auctioned the property for a substantially lower price. It is undisputed that the buyer breached the contract by not closing and that the sellers are entitled to recover certain special damages; the buyer challenges the trial court’s award of $55,300 for the seller’s general damages for their loss of the benefit of the bargain. We have determined the trial court’s decision is not supported by competent evidence in the record and that the sellers failed to prove the fair market value of the property on the date of the breach was less than the contract price. Therefore, we reverse the award of $55,300 for the loss of the benefit of the bargain. We, however, affirm the award of special damages, specifically the expense of conducting a second auction and sale, property taxes paid between the date of the breach and the second sale, and prejudgment interest, which shall be calculated based upon the judgment as modified.