What are the defenses to a real estate contract?

In North Carolina, there are several defenses to breach of a real estate contract. Some of the most common defenses include contract vagueness, fraud, mutual mistake, contract illegality, unconscionability, and the statute of limitations. Contract vagueness is when a court determines that the contract is too vague to be enforced by law. This means that the agreement had vague or unclear language and the party seeking enforcement did not understand their responsibilities under the contract. Fraud occurs when one party knowingly falsifies or omits information in order to influence the other party into entering the contract. Mutual mistake occurs when both parties enter the contract under the assumption that certain facts are true which are not. Contract illegality is when one of the parties has entered into a contract which is against the law or public policy and cannot be enforced by a court of law. Unconscionability is when one of the parties was significantly disadvantaged in the contract, such as a lack of knowledge or understanding of the contract. Lastly, the statute of limitations defines the time period in which a party can bring legal action. If the action is not brought within the time period, the claim is deemed to have been waived. In North Carolina, the defenses to a real estate contract vary from case to case, and it is best to speak with an attorney in order to understand what defenses are available in your specific situation.

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