By The Law Offices of John Day, P.C. on Jan 25, 2023 06:07 am
Where the attorney for an HOA wrote plaintiff landowner a letter informing him that the HOA considered him to be in violation of certain restrictions, judgment on the pleadings in favor of defendant attorney on plaintiff landowner’s negligent misrepresentation claim was affirmed because there was no allegation that the attorney was providing “information meant to guide [plaintiff] in a business transaction.” In Burgess v. Bradford Hills HOA, No. M2020-01565-COA-R3-CV, 2023 WL 142392 (Tenn. Ct. App. Jan. 10, 2023), plaintiff owned property in a subdivision. Plaintiff and the HOA had a dispute regarding whether plaintiff had violated restrictions with certain signage and noise-making devices on his property. Plaintiff filed a pro se suit against the HOA, and he eventually added a claim against the HOA’s attorney for negligent misrepresentation. The negligent misrepresentation claim was based on a letter sent by defendant attorney “reiterat[ing] that the HOA believed the conditions on [plaintiff’s] property violated the [restrictions] and warn[ing] that the HOA would take legal action if he continued to not comply with the rules.” The trial court granted defendant’s motion for judgment on the pleadings on the negligent misrepresentation claim, and the Court of Appeals affirmed.
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