What are the defenses to a real estate contract?
In Texas, a person may defend themselves from a real estate contract in court by raising certain defenses. There are a few common defenses available to a person facing a real estate contract. The first defense is that the contract itself was not valid. This could include the argument that the agreement was not properly drafted or executed, or that the contract was not legally binding. Additionally, if the parties to the contract were not of legal age, the contract may not be valid. The second defense is that the contract was breached. A breach of contract occurs when one or both of the parties to the contract fails to fulfill their contractual obligations. This means that if a party fails to make a payment when due or otherwise fails to meet their obligations, the other party may have grounds to seek relief from the court. The third defense is that the contract was obtained by fraud. This means that a party may have made false representations in order to induce the other party to enter into the contract. The fourth defense is that the contract was obtained through duress. This means that a party may have been coerced or forced into signing the contract against their will. The fifth defense is that circumstances have changed and the contract is no longer valid. This could happen if there have been major changes in the property, such as a natural disaster, or if unforeseen economic circumstances have made it impossible for the parties to fulfill the terms of the contract. These are the five most common defenses to a real estate contract in Texas. Each defense has its own complexities, so it is always best to discuss the case with a real estate attorney to ensure the best possible outcome.
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