After a buyer defaults on a California RPA, both parties sign mutual cancellation instructions releasing the deposit to the seller. The buyer later seeks to invalidate the cancellation, claiming his agent pressured him into signing. Under California Civil Code §1569, which element is essential to a successful duress claim?
Correct Answer
D) The pressure was severe enough to overcome a reasonable person's free will, meaning consent was not freely given
Under California Civil Code §1569, duress requires proof that a threat or act was sufficiently severe to overcome the free will of a person of ordinary firmness, resulting in consent that was not freely given. The buyer must demonstrate the pressure rose to this legal threshold — an agent's recommendation or encouragement to sign, without more, does not satisfy this standard.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.
A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.
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