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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
