RE Real Estate Law in Arizona

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RE Real Estate Law in Arizona

Am I correct in assuming if any alcohol is consumed or present during contract being signed the contract is voidable. Specifically during a time share presentation.

Asked on February 14, 2017 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you are not at all correct. 
First, a contract is only voidable generally if the signer was mentally incompetent at the time of signing. Clearly, having alcohol "present" does not impair someone if they don't drink it; and even if they drink it, people can consume alcooal without being impaired to the point of mental incompetence unless they drink to excess--so a bottle of beer or two, or a glass of wine or two, will certainly not result in being able to void a contract.
Second, *even if* someone did drink to the point of impairment, the law does not let them escape the consequences of their own voluntary, knowing actions. (This is why intoxication is not a defense to assaulting someone, to being in a car accident, etc.)  If you choose to drink at a sales, etc. presentation, knowing that people are going to try to get you to commit to a large purchase, that is your choice to engage in such behavior and the law will not let you escape the consequences of your voluntary act (drinking while signing, so to speak), unless you can show that your intoxication was not entirely volutnarily--e.g. that they spiked your drink.


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