Legal Question in Consumer Law in Nevada

Legallity of contract entered illegally

If a contract to buy a manufactured home is entered by the seller illegally, is the contract binding? I relate it to any situation where the original agreement was made with the understanding that both parties had legal right to proceed. If it starts out illegal how can it (the contract) be binding?

Very curious?!


Asked on 5/24/02, 8:53 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Legallity of contract entered illegally

An attorney would have to know much more detail before concluding that the contract was entered "illegally," but if it were so, the contract would GENERALLY not be enforceable. A major exception to this general rule would be if both parties acted to their detriment/benefit on the contract, and conducted themselves as though it were completely enforceable from the start. Then, they might be estopped from claiming that the contract was not enforceable. A detailed analysis of your circumstances and the specific wording of the contract, itself, would have to be done by an attorney to determine whether you have a chance of rescinding or obviating the agreement.

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Answered on 5/24/02, 2:09 pm


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