Then, the owner has the right to file a breach of contract
claim. The basic elements of a breach of contract case under Tennessee law must include (1) the existence of a contract, (2) breach of the contract, and (3) damages
which flow from the breach. The plaintiff's performance under the contract is not an element of his claim, but rather an affirmative defense. Life Care Centers of America, Inc. v. Charles Town Associates Ltd. Partnership, 79 F.3d 496, 514 (6th Cir. 1996)
(applying Tennessee law).
The owner may also ask the Court for specific performance
in the case, i.e. forcing the would-be buyer to actually go through with the purchase.
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