The Seriously-ill Seller And Other Two People Who Cant Legally Sell Their Property !

There is nothing so disheartening like to have a court reverse your purchase of property because the seller who sold it had no contractual capacity. After all the effort, excitement and expenses this will indeed come as a shock. Contractual capacity is defined as the legal ability to make a binding contract. Those seriously-ill, minors, and those under the influence of an intoxicating substance are amongst the people who lack contractual capacity. Excited by the prospects of purchasing a good property many a buyer overlook such legal implications but to their own detriment. It is therefore, imperative for Property and Law to give a look into each of these cases so that you do not fall into this pit.

Seriously-ill seller

A man on a death bed is not the right person to sign agreements of sale with. He can later rise from that bed with a backlash and armed with medical documents he can argue that when he sold the property he wasn't in a right frame of mind for such an important undertaking. The court can classify him amongst the mentally challenged and rule your purchase as void. It is important to practice caution when dealing with this kind of a seller by seeking a doctor's advice combined with legal counsel.

Minors

An agreement of sale made by a minor is voidable.  The minor, in other words, may avoid the legal liability under a contract.  Upon reaching the age of majority, a minor may affirm or ratify the contract and therefore make it contractually binding on him.  Any expression of the minor’s intention to avoid the contract will accomplish avoidance. US Legal

Under Intoxicating Substance

An agreement of sale signed under the influence of alcohol may or may not be valid. A person who signed a contract while intoxicated can attempt to cancel the contract with the other party, or can go to court seeking to void the contract. Usually such a contract is only voidable if the other party had reason to know of the level of impairment. The totality of the circumstances will affect the Court's decision. Such factors as if the other party gave the signing party alcohol to trick them or woo them into signing will be taken into consideration. If you are asking someone to sign a contract, do not give them any alcoholic drink or smoke weed or use any other drugs with them. Do not let them sign if they appear as if they have been drinking, smoking weed, or are otherwise intoxicated or high. 
Lawyers.com



DISCLAIMER 

This article is made available for educational purposes only as well as to give you general information and a general understanding of issues herein covered, not to provide specific advice. The article should not be used as a substitute for competent advice from licensed practitioners. Sharing it with friends is welcome!

Blog created by The Story Of My Life