Tennessee Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale: A Detailed Description Keywords: Tennessee jury instruction, real estate held primarily for sale, definition, instruction variations Description: Tennessee Jury Instruction 10.10.5 provides guidance to juries when determining whether a particular property falls under the category of "Real Estate Held Primarily For Sale." This instruction helps the jury understand the legal criteria and factors that determine whether a property is classified as real estate held primarily for sale, which has significant ramifications concerning taxation, zoning, and property classification. 1. Definition: Tennessee Jury Instruction 10.10.5 defines real estate held primarily for sale as a legal term used to identify properties that are primarily engaged in the business of selling or trading real estate. However, this term does not include properties solely held for personal use or properties held for rent. 2. Instruction Variations: While Tennessee Jury Instruction 10.10.5 provides a general understanding of real estate held primarily for sale, there may be different variations of this instruction based on specific circumstances. For instance: a. Residential Real Estate Held Primarily For Sale: This instruction may be applicable in cases where a property is primarily used for residential purposes and the owner is engaged in selling or trading residential properties as a business. The instruction helps the jury evaluate whether the property's primary purpose aligns with a real estate business rather than personal use or renting. b. Commercial Real Estate Held Primarily For Sale: In scenarios involving commercial properties, this variation of Tennessee Jury Instruction 10.10.5 assists juries in determining whether a property is being held primarily for sale, such as when a business owner or investor regularly engages in buying and selling commercial properties. The instruction helps distinguish between properties intended for personal use, lease, or genuine business purposes. 3. Factors Considered: Whether it is residential or commercial real estate, juries should consider various factors while applying Tennessee Jury Instruction 10.10.5. These factors may include: a. Frequency of Sales: How often the property owner buys and sells real estate. b. Intent: Whether the property owner intends to generate profit through buying and selling real estate rather than personal use or long-term leasing. c. Commercial Advertising: Whether the property owner advertises the property as for sale and employs sales tactics consistent with a real estate business. d. Professional Involvement: Whether the owner is licensed as a realtor, developer, or investor, indicating active involvement in real estate business transactions. Overall, Tennessee Jury Instruction 10.10.5 plays a vital role in helping juries make informed decisions regarding the classification of a property as real estate held primarily for sale. By considering various factors relevant to the specific circumstances of the case, the instruction enables juries to assess the property's primary purpose and determine its appropriate classification.