Legal Question in Civil Litigation in Texas

Can we make the city responsible for false answers?

I want to know if we were given wrong answer by a city worker which lead us to buying a property in which we thought we could build, but are now told that it is not a buildable lot due to floodplain issues. Is there anything we can do to have to city help with this issue since they did tell us it was a buildable lot?


Asked on 8/15/07, 9:37 am

2 Answers from Attorneys

Roger Evans Mathis & Donheiser

Re: Can we make the city responsible for false answers?

Unless the individual involved had actual authority to provide such answers, you likely cannot reasonably rely on the individual's statements. There are obvious problems of proof as well. In addition, the city will have immunity from most causes of action. If you could prove that the individual involved was acting outside the scope of his authority, provided intentionally false or negligently false information with the intent that you rely on such false information to your detriment, and that you reasonably relied on that information, you might have a claim against the individual. Still, it would be very hard to prove. Particularly if the information was oral, I would carefully weigh whether any action is advisable. If the information was otherwise available to the public in writing (zoning or planning information, property records, deed records, other municipal regulations or ordinances or statutes), you will likely be held to a standard that you should have checked those sources.

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Answered on 8/15/07, 4:28 pm
Johm Smith tom's

Re: Can we make the city responsible for false answers?

You would have to have something in writing from someone authorized to make that commitment and I am pretty sure you don't have either of those. Sorry. You should always use an attorney when you buy and sell valuable assets.

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Answered on 8/15/07, 11:56 pm


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