Question: Ben was a property developer. He approached Samantha, an elderly widow, to buy her house to build apartments in its place. Most of Samantha s
Ben was a property developer. He approached Samantha, an elderly widow, to buy her
house to build apartments in its place. Most of Samanthas neighbors over the years
have sold their houses to apartment developers, but Samantha has resisted doing so
Samantha told Ben that she would like to leave her house to her daughter.
Samantha rented out a living space above the garage to a tenant, whose rent payments
were Samanthas sole monthly income. Ben caused the tenant to stop paying rent to
Samantha, and Samantha had no recourse to pursue eviction. One evening three months
later, Ben came to Samanthas house with two of his attorneys to ask her to sell the
house to him. The following week, Samantha agreed to sell the house to Ben. A
provision of the contract called for Ben to provide for Samanthas moving costs, to be
paid two weeks before the close of escrow.
Three weeks before closing, Samantha wrote Ben, saying that she really thought she
ought to keep her house so that her daughter can inherit it one day. Ben called
Samantha and left her a message that he would like Samantha to honor their agreement
and to go into closing.
Samantha wrote Ben back a week before closing and said to him that she would sell the
house to him after all. Ben then paid Samantha her moving costs. Samantha moved out,
Ben paid Samantha the purchase price, and the parties closed escrow.
Samantha subsequently sued Ben, seeking to void the contract. Assume that issues of
unconscionability do not apply.
Step by Step Solution
There are 3 Steps involved in it
1 Expert Approved Answer
Step: 1 Unlock
Question Has Been Solved by an Expert!
Get step-by-step solutions from verified subject matter experts
Step: 2 Unlock
Step: 3 Unlock
