GAIL GOTTESMAN v. TODD HECKER ET AL. - Articles

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GAIL GOTTESMAN v. TODD HECKER ET AL.

Posted by: Azya Thornton on Mar 31, 2026

Court: TN Court of Appeals

Attorneys 1: Gail Gottesman, Holladay, Tennessee, Pro Se.

Attorneys 2: Bennett J. Wills, Brentwood, Tennessee, for the appellees, Todd Hecker and Tammy Hecker.

Attorneys 3: Robert M. Burns and McKenna G. Williams, Nashville, Tennessee, for the appellee, Karen Hoff.

Attorneys 4: Jonathan Stokes, Memphis, Tennessee, for the appellee, Robert Ellis.

Judge(s): FRIERSON

In this matter involving the sale of a parcel of improved real property, the buyer claimed that the sellers should be held liable for fraudulent misrepresentations regarding the condition of the property. The trial court granted summary judgment in favor of the sellers, determining that the presence of an “as-is” clause in the parties’ sales contract precluded the buyer’s recovery. Upon review, we reverse the trial court’s grant of summary judgment with respect to the buyer’s claims of fraudulent misrepresentation and fraudulent concealment as well as her claim based on the Tennessee Residential Property Disclosures Act. We remand these issues to the trial court for further consideration. We affirm the trial court’s grant of summary judgment concerning the buyer’s remaining claims and deny the buyer’s request for reassignment to a different trial court judge upon remand. We also deny the sellers’ request for an award of attorney’s fees.

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