Q: Can a contract be enforced if the seller states he was under the influence?
Yesterday I got the news that the seller has agreed and signed on my offer to purchase a condo. Then today I get a call that he was under the influence of pain medication from yesterday morning's doctor's visit and that he does not remember agreeing to the contract. Can this contract still be enforced of the seller did not disclose that he was under the influence and appeared to the real estate broker to be in good health? Are there any laws put in to protect me?
A: It is difficult to give an accurate answer to this question without knowing all the details of your case. Generally, for example, a person may argue that a contract is voidable because he did not have the capacity or legal ability to enter the contract due to being under the influence of drugs or intoxication. However, it is usually a very high standard requiring the person to prove that he did not understand the nature of the agreement that he signed. I hope this answer is not coming too late, but best wishes to you on your case.
Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.
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