Invalidating a contract battery by strangulation dating violence
In a contract setting, a mistake is an error in the meaning of words, laws, or facts which causes one or both parties to enter into the contract without fully understanding the outcomes or responsibilities implied by the contract.A “unilateral mistake” is such an error that is held by only one party and not shared by the other party.They couldn't find any contingency or clause to allow that without a problem, but they back out anyway and refuse to close.The buyer can go to court to force them to sell the property as agreed, specific performance.Every real estate transaction, residential, commercial, or otherwise requires a contract, even if it's verbal.However, a valid contract must always have certain elements, or it could be voided by a court of law. Parties cannot execute a contract to do an illegal act.Everybody must want the deal to happen or it's not valid.
Since only one party is mistaken, it could lead to an unfair advantage in bargaining power.This element is the requirement that the parties to the contract have consented willingly and knowingly to the terms of the contract.There cannot be fraud, misrepresentation, a mistake, or undue duress on any party to the contract.If there is any doubt in your mind about the capacity of the seller, do some more due diligence.In real estate, this is illustrated by an offer to purchase a property by a buyer and the acceptance of that offer by the owner/seller.
In real estate, it's called suing for "specific performance." Let's say that a seller and buyer agree on a contract and it's working its way to closing.