Cookeville, TN asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for Tennessee

Q: Does a seller have a responsibility to sell what they advertise if they use as is in the contract

I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the property "as is" so he is not responsible.

He is not licensed but frequently buys property then quickly resales it. He has had over 8 property transfers this year alone.

Do I have any recourse

2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Columbia, TN
  • Licensed in Tennessee

A: Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced litigation attorney for more specific advice.

Mr. James Charles Wright agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick

A: If you signed a written real estate contract without inspecting the property then let this experience be a lesson for you.

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