Legal Question in Real Estate Law in Georgia

I have just found out that my nephew, who is an alcoholic, has sold 3+ acres while he was intoxicated. I believe that the "purchaser" knew this..is this a legal contract? Can it be rescinded? I am his uncle and have his power of attorney. Thank you


Asked on 4/30/11, 8:46 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Having his power of attorney is irrelevant as that means nothing as to being able to control what he does. If you wanted to do that, you had to go to court and become his guardian.

There is no way to answer the rest of the question as we have no detailed facts.

The mere fact of intoxication does not render a contract automatically void or voidable.

If drunkenness has reached a stage where the person no longer knows what he is doing and therefore is incapable of giving consent, the contract is voidable but can only be set aside if the intoxicated person repudiates it in a timely fashion. You have not told us if he did or did not do that.

Since most land sales involve a series of separate documents on multiple dates (contract, financing, closing), it is rather unlikely a person could have been very drunk through the whole process. And this would likely be for him, not you, to challenge, unless you become his legal guardian.

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Answered on 4/30/11, 8:54 pm


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