DURESS


In real estate, duress refers to the use of force or improper actions against a person or property in order to induce a party to enter into a contract.

Examples of duress include blackmail, extortion, unlawful retention of property, a threat to bring criminal action, or threats against family.

Duress can cast a shadow over property deals, influencing their validity and outcome. It can undermine the voluntary nature of the agreement and raise questions about the validity of the real estate contract.

Understanding duress in real estate is paramount for safeguarding your interests and capitalizing on unique opportunities that may arise amidst the complexity of property transactions. Duress can be a powerful defense in real estate contracts. If one party can prove that they entered into a property transaction under duress, the contract may be deemed voidable or unenforceable.

Proving duress in court can be challenging, as it typically requires demonstrating that coercion or undue pressure was indeed a factor in the transaction. Evidence may include communication records, witness testimonies, or other documentation that supports the claim of duress.

Successfully proving duress can lead to the contract’s nullification or a renegotiation of terms. Understanding the parameters of duress as a defense is crucial for both buyers and sellers in real estate transactions.


MORE REAL ESTATE TERMS

A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z

Featured New Home

Featured New Home

Featured Mortgage Brokers