Real Estate Contract
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Real Estate Contract
I am a veteran and a loan officer call me about selling my property. I did sign a contract with the buyer however, he became very pushy and started sending harassing text message stating he would take legal action if I did not sell my home. I am not behind in my mortgage and not hurting to where I need to sell. Sometimes, I make quick decision due to my brain injury during my tour from Operation Freedom in Iraq and Afghanistan I was diagnosed with PTSD and a 100% disabled veteran. No earnest money or realtor commission changed hands. Since I am not working with realtor this contract was for sale by owner. He has not obtained any finance but the closing is scheduled for November 28, 2017. He trying to force me out of my home and make me homeless. I know if this goes to court I may lose all I have over a simple mistake. He continues to call and text me and I just need some answers to help me right the correct decision on how to respond back to this loan officer.
Asked on November 2, 2017 under Real Estate Law, Tennessee
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
The only way you could void the contract would be if you could show one or both of the following:
1) Not only do you have PTSD or get disability, but you were mentally incompetent to enter into contracts when you entered into this one. This is not an easy showing to make, and will require medical evidence of incompetence. You must have then been unable to manage your own affairs, control impulses, and/or understand what you were doing. Merely being impaired is not enough.
2) The buyer committed fraud, or lied about something material or important to get you to sign. Again, you would need proof of this.
If you believe that either or both are the case, you could pre-emptively bring a legal action for a "declaratory judgment," or court determination, that the contract is void. Alternativley, you could refuse to go through with the contract, wait until the buyer sues you for breach of contract, then raise incompetence or fraud as a defense to liability. In either case, you'd have to convince a court to void the contract. Given what is at stake, you are *strongly* encouraged to retain an attorney to help you.