The threat of violence, force, or undue
pressure to coerce a person into an action
against his/her will.
In real estate agreements, where duress
or undue influence can be established, the
contract can be voidable, but not void. A
void contract is a nullity at law and does
not legally exist.
Example of Duress
Seller is
attempting to sell his vacant property to
Buyer, an adjacent
neighbor. While the discussion has centered
on verbal promises,
Seller is getting anxious and wants
to put the agreement on paper, but
Buyer is hesitant.
Seller, in a bout
of anger, tells Jones that if the sale
doesn’t go through, he will contaminate the
property and ultimately affect
Buyers’ water
supply. While uncertain whether or not
Seller’s threat is
real, Buyer elects
to sign an agreement for fear that
Seller’s actions
will affect his land value and ability to
use the property. Seller
is exerting duress on
Buyer and the contract may be
voidable.
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