Tenn. Supreme Court Says Buyers Cannot Prevail With 'Allegations'

NASHVILLE, Tenn. - The Tennessee Supreme Court has affirmed summary judgment for home sellers accused of hiding mold contamination before selling their house, ruling that the buyers cannot prevail when their claim is based on allegations rather than facts. Stanfill, et al. v. Mountain, et al., No. M2006-01072-SC-R11-CV (Tenn. Sup. Ct.).

The high court on Dec. 3 did reinstate other claims by buyers Robin Lee and Robyn Ann Stanfill alleging that John T. and Melony Mountain knowingly concealed knowledge of lead-based paint and other defects in the house.

The Stanfills vacated the house in May 2001, shortly after filing for …