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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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In the state of Arkansas, is it legal to have a land

Customer Question

In the state of Arkansas, is it legal to have a land contract with a person who is on disability and is mentally challenged
Submitted: 20 days ago.
Category: Real Estate Law
Expert:  Barrister replied 19 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the person been declared legally incompetent by a judge or do they just have some cognitive issues, but are able to manage their financial and daily affairs themselves?

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thanks

Barrister

Customer: replied 19 days ago.
They are on disability for mentally challenged. He works at a mentally retarded facility
Customer: replied 19 days ago.
We
Customer: replied 19 days ago.
Not satisfied with answer
Expert:  Barrister replied 19 days ago.

I haven't typed out my answer yet, I was waiting for your reply.. just a few minutes please.. this isn't an instant process.

Expert:  Barrister replied 19 days ago.

Ok, from a legal perspective, it is not illegal, as in a violation of the law, to enter into a contract with someone who has a mental disability. However, if the disabled person did not have the capacity to understand the contract and its consequences, then they could seek to avoid it if they were to have their doctor testify in any court case that they didn't have the required mental capacity to understand the contract.

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In a contract situation there has to be a "meeting of the minds" between the parties in order for a valid contract to be formed. So if one party can't mentally understand the contract or what it means, there is not the required meeting of the minds to form a binding contract.

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thanks

Barrister

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