Duress – The Language of Real Estate

Learning Real Estate One Word (or phrase) at a Time…

Duress

Unlawful force or action by one person against another in an attempt to coerce the person to perform some act against her will; the threat of force is called menace.

Duress is a useful defense against enforcing a contract because there is no genuine meeting of the minds.

A contract entered into under duress is not enforceable against the forced party. Courts are reluctant to give much weight to economic duress in which a person maintains he was forced into a contract due to financial pressures.

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