Legal Question in Real Estate Law in California

Hi all my dad made a mistake signing real estate papers and an offer real fast he has alzhiemers diesese and regretted it cause he forgot reasons why he was not to sell. He completely for things and made a mistake after signing contract right away he called realitor and cancelled escrow telling him he was sorry and has Alzheimer's. Buyer is sueing for non performance and wants the sale to go through. The buyers attorney was given doctor evaluation papers and one even stating from a doctor that he is not competient to enter a contract by himself. This is in California las angeles area will this sale be forced to go through even though they don't want to listen to doctors reports he has a dementia alzeimers desiese? He has taken meds for about a yr prior for this condition When this goes to trial should he take a judge or jury?

Asked on 11/26/12, 4:52 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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You're asking questions that can only be answered after reviewing all the facts and paperwork. But, in general, buyers can force a sale if there was a "valid" contract. Seller's remorse is not a defense to the lawsuit. However, your actual defense is "incompetence" [Alzheimer] that makes the contract invalid and unenforceable. You must promptly raise your defenses correctly in motions to try to derail this lawsuit. The case should never proceed beyond a motion to dismiss or for judgment. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, since this is in SoCal courts, feel free to contact me.

Answered on 11/26/12, 5:10 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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If the buyer has filed and served a lawsuit, it is essential that a response be filed and served within 30 days. Otherwise, the buyer will win by default. If the deal your father made with his buyer is so terrible that it's worth fighting, get a comptetent real estate lawyer immediately.

Answered on 11/26/12, 6:53 pm

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