Maumelle, AR asked in Civil Litigation for Tennessee

Q: A person posed as a city code officer and gave me 2 weeks to make “improvements on my property or action would be taken”

I was contacted not 30 minutes later by a person who was interested in buying said property and since I was in a panic I foolishly negotiated a deal for him to purchase the house.

I later discover that city code enforcement does not contact a party by phone, only by mail to keep a paper trail to verify any action taken or about to be taken.

The aforementioned individual violated Tennessee Code Title 39 Chapter 16

Offenses Against Administration of Government Part 3: False Impersonation 39-16-301, Criminal Impersonation Part (a), (1), (2),(3).

I know hindsight is not always 20/20, but I would like to know if I have any possible recourse as to some relief as to what said individual did.

Thank you for any advice you can give me.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Unless you can prove there is some connection between the code guy and the purchaser, you will not be able to set aside the contract for fraud. However you may want to read your contract, verbatim. Even if you breach it, the primary recourse for the buyer will be Specific Performance. Hire a competent attorney to examine the contract and advise you of the risks of being sued. Usually it is worth refusing to sell, but you need to put the other party on notice now, not at closing. If earnest money was given, return that also.

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