Q: Can consideration be money paid to copy documents to a third party with no benefit to seller?
My dad offered to sell his land for $150,000.00 by a hand written letter to a buyer. The buyer days later met dad at a location and offered to pay $5 to copy some documents because my dad had large bills on him. A sale agreement is now being produced by the buyer stating that he paid $5 as consideration.The buyer is now claiming he paid consideration towards the contract because my dad told him to pay for the copies and told him later on that the $5 he paid to copy the documents to a third party was considered the downpayment towards the sale. Dad is now deceased. I have my grant of probate. Is the contract enforceable?
A: It is up to the buyer to try to sue for specific performance of the handwritten contract. It will be difficult as the Dead Man Statute now takes effect. Hire an attorney to review it and give his opinion on the risks, but it is probably negligible. It will also be difficult for him to determine defendants.
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