TIMESHARE FRAUD LITIGATION

A substantial part of our litigation practice involves real estate and timeshare disputes. We have handled cases in a wide variety of subject areas, including:

TIMESHARE FRAUD

BOUNDARY DISPUTE/ADVERSE POSSESSION/EASEMENT

BREACH OF CONTRACT/FRAUD/RESIDENTIAL PROPERTY DISCLOSURES

CONSTRUCTION DISPUTES

DRAINAGE/MOLD/TOXIC TORT

LEASE DISPUTES

CONDEMNATION/EMINENT DOMAIN

Timeshare Fraud

The sale of a timeshare in Tennessee is heavily regulated. There are numerous laws on the books that protect consumer from unfair and unscrupulous sales practices. Our firm routinely represents timeshare purchasers in cases involving claims for fraudulent inducement, common law fraud, violations of the Tennessee Timeshare Act, and violations of the Tennessee Consumer Protection Act. Numerous of our cases have gone to the Tennessee Court of Appeals, resulting in opinions on topics such as recovering punitive damages from timeshare developers, recovering awards of attorney’s fees from timeshare developer’s, and challenging arbitration provisions used by timeshare developers.

Boundary Dispute/Adverse Possession/Easement

Boundary disputes can be frustrating and emotional for all parties concerned. Our firm handles a wide variety of boundary dispute, adverse possession, and easement cases. These cases often involve claims of trespass and quiet title, and are typically brought in Chancery Court.

Breach of Contract/Fraud/Residential Property Disclosures

The failure to disclose defects during the sale of the house can lead to liability for the seller. However, this is an area of law prone to confusion, where purchasers sometimes have overlapping claims under breach of contract, fraud, and residential property disclosure theories. We have represented both purchasers and sellers in cases involving these issues, as well as other issues involving real estate contracts such as options to purchase.

Construction Disputes

Our firm represents purchasers and builders in a variety of contracting disputes, including in both Chancery Court and the Tennessee Court of Appeals. Construction and contracting disputes are amongst the most difficult cases for clients – after all, they are often living through a construction project that has gone wrong.

Drainage/Mold/Toxic Tort

Our firm has handled numerous cases involving nuisance, drainage, mold infestation resulting in a failure to disclose or negligence claim, and even toxic tort claims.

Lease Disputes

We represent both landlords and tenants in residential and commercial lease disputes.

Condemnation/Eminent Domain

When a Tennessee landowner has property taken through the process of condemnation/eminent domain, he or she is entitled to fair compensation. Our firm has handled a wide variety of condemnation and inverse condemnation cases.