How can I stop the closing if I signed a contract to sell under duress?

Full question:

I signed a contract to sell real property under duress. How can I stop the closing?

  • Category: Contracts
  • Date:
  • State: California

Answer:

An agreement made under duress may be set aside if the duress took the free will away of the person seeking to avoid the contract. In a duress situation, a party enters a contract to avoid a threatened danger. This threat may be a threat of physical harm to person or to the property of someone (physical duress) or it may be a threat of financial loss (economic
duress).

A person makes a contract under duress when there is violence or the threat of violence to the extent that the person is deprived of his free will and makes the contract to avoid harm. The threatened harm may be directed at a relative of the contracting party as well as against the contracting party. If a contract is made under duress, the agreement may be rescinded or declared null and void.

A sample complaint to rescind a contract may be found on our website at
http://www.uslegalforms.com/ca/CA-5004-KL.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To get out of a contract signed under duress, you must demonstrate that you were forced into the agreement through threats or coercion. This can involve filing a complaint in court to rescind the contract. It's advisable to gather evidence of the duress you experienced, such as witness statements or documentation of threats. Consulting with a legal professional can help you navigate this process effectively.