Legal Question in Real Estate Law in Florida
Responsibility of signing real estate contract.
My wife signed a contract that I can not live up to and will not go to contract. She has been declared mentally unstable by a psychiatrist which is in writng. What are her responsibilities for not going to contract. Do we have any legal obligation for any lawsuts?
1 Answer from Attorneys
Re: Responsibility of signing real estate contract.
Lack of capacity is a defense to enforcing a contract, because technically the incompetent person, is incapable of accepting the contract or making an offer to contract. These are essential elements to creating a contract. However, it is very difficult to prove. Also, I have not done the research in a long time, but I believe that there may be exceptions such as, if the purchase was for a necessity, like food or shelter, then the fact that the person lacked capacity may not be a defense, but a again I'm not sure. Good luck,
Randall Gilbert
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