What are the defenses to a real estate contract?

When a dispute arises between the parties of a contract for the sale of real estate, there are certain defenses that can be used in an effort to void or modify the contract. In California, some of the most common defenses to a real estate contract are: 1. Mistake: If a mistake is present in the contract and both parties were aware of it when the contract was signed, then the contract may be invalidated. 2. Fraud: If one of the parties misrepresented a material fact or made a false statement about the property or terms of the contract, then the contract can be declared void. 3. Duress: If one of the parties was forced to sign the contract under pressure, such as being threatened with injury or death, then the contract can be invalidated. 4. Unconscionability: This defense applies when one of the parties was induced to sign the contract based on unfair or oppressive terms. 5. Impossibility: If one of the parties is unable to fulfill his or her obligations under the contract, then it may be considered invalid. 6. Illegality: If the contract is for the sale of property or services that are illegal, then it may be considered void. In addition to these common defenses, a court may also recognize other circumstances that would invalidate a real estate contract. It is important to consult an attorney to determine if any of the defenses apply when a dispute arises.

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