Legal Question in Civil Litigation in Texas

I have a parcel of land for sale. I'm in a contract to sell it. I knew the city was planning to build a storm water holding tank in the same area, but was told by the City 2 months ago, it was not my property they planned the holding tank. It has come to my attention the engineer and the person I'm selling to are familiar with eachother. I have requested information based on Open Records to that City Dept (which I'm still waiting on). If I sell the property to this man and find out later he sells to the City for profit and if I have documentation showing he knew the City wanted this land prior to my questioning it, do I have any recourse?


Asked on 3/19/10, 4:00 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

I don't think your buyer, in an arms length transaction, owes you any duty to disclose that he knew the city was interested in the land for the tank, if that's the case. If, however, he was involved in getting the city employee to tell you the tank was not slotted for your land, there might be a case for conspiracy to defraud.

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Answered on 3/24/10, 8:25 pm


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