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Real Estate ContractsContract_essentials_flMEDIUM

Sarah, who has been declared mentally incompetent by a Florida court and has a court-appointed guardian, signs a contract to sell her house without the guardian's knowledge. What is the status of this contract under Florida law?

Correct Answer

C) Void from the beginning

Correct: C - Contracts signed by persons declared legally incompetent by a court are void ab initio (from the beginning) in Florida. Sarah lacks legal capacity. Why not A: Physical ability to sign doesn't create legal capacity for incompetent persons. Why not B: The contract is void, not voidable; it never had legal effect. Why not D: Fair market value doesn't validate contracts by incompetent persons.

Answer Options
A
Valid because Sarah physically signed it
B
Voidable at the option of the buyer
C
Void from the beginning
D
Valid if the price is fair market value

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Related Topics & Key Terms

Key Terms:

mental incompetencevoid contractslegal capacityguardianship
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