Legal Question in Civil Litigation in West Virginia

Using position for personal gain

I am renting my house out -the first time ever doing this and I made an apointment to meet with an interested party. The interested party happens to be a law enforcement official . He showed up in uniform,and in a company vehicle . After talking and touring the house he says he wants the house. We took the sign down immediately. He was to send our app and credit check back that week. He lied to us 2 different times saying it was in the mail and that he will send it again and we were still set for July 1. After still not recieving anything again and the 3rd phone call we just learned that he sent an app and check to someone else. Says he cant afford our house. He used his position for personal gain by showing up at my house in uniform, we lowered the asking price, and made special deposit arrangements b/c of this.I got a false sense of security from him and was lied to for 3 weeks. Loosing other perspective tenants. I wish there was something else I can do but I am wanting to write a letter to the Department advising them of him using his position for personal gain. Why else would you show up in uniform while trying to rent a house, he should have been

working. I just want to know what kind of repercussions there might be?


Asked on 6/21/08, 4:29 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Using position for personal gain

You must be very careful in what you say to an employer or the public. There is no privilege to report this to his employer. You are permitted to tell the truth but not for a malicious motive. The "sign down" you refer to may or may not be a binding contract. If you took a deposit and both parties intended to be bound, then he is probably on the hook to pay rent until you can rent it. If this was merely an application and you did not intend to be bound until you saw his credit information, then no contract occurred and your delay is a cost of doing business. Just wearing his uniform, in my opinion, does not constitute an abuse. Keep in mind that there is probably a reason he did not give you credit information or references. He may have found a less cautious landlord who may be a lot more sorry later than you. By all means, I would secure a credit report and interview the last two landlords to determine why any prospective tenant is moving.

Read more
Answered on 6/21/08, 9:01 am


Related Questions & Answers

More General Civil Litigation questions and answers in West Virginia