Purchasing Property Sold Through Court or Sheriff's Sale

A judge, sheriff, court clerk, court officer, or employee of any court commits an offense who bids on or purchases, directly or indirectly, for personal reasons or for any other person, any kind of property sold through the court for which the judge, sheriff, court clerk, court officer, or employee discharges official duties.  A bid or purchase in violation of this provision is voidable at the option of the person aggrieved.  This offense is a Class C misdemeanor, with no incarceration.  T.C.A. § 39-16-405.  See  Op. Tenn. Atty. Gen. 99-105 (May 10, 1999) (purchase of confiscated items by law enforcement officers, city or county employees at public auction). 

In addition, no sheriff, deputy sheriff, or constable may purchase, either directly or indirectly, any property sold through their own judicial sale no matter which court is involved.  T.C.A. §§ 8-8-206 and 8-10-116.  See also Op. Tenn. Atty. Gen. 99-105 (May 10, 1999) (purchase of confiscated items by law enforcement officers, city or county employees at public auction).