Legal Question in Real Estate Law in Ohio

a promise or contract to sell

aunt agreed to sell nephew her house for current value of 50,000. once she moved into nursing home. agreement put in writing. and signed by both. 2yrs later,she broke hip and had to go to nursing home only for 4 months. agreement did not mention this possibility. house now worth 150,000. aunt refuse to honor claim of right to buy at 50,000.

what is her right...who is legal loser...what if she did not break hip,but developed dementia and had to go to nursing home and her legal guardian refuse to honor agreement..what then?


Asked on 11/10/03, 7:45 pm

1 Answer from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: a promise or contract to sell

Nephew may have a breach of contract situation, but there is a question as to whether there is adequate consideration for such a contract, and whether the nephew sustained actual damages here. He is not entitled to an obvious windfall just because of circumstances.

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Answered on 11/18/03, 5:36 pm


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