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I sold my farm in a mental breakdown in which the buyer, who…

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I sold my farm...

I sold my farm in a mental breakdown in which the buyer, who is friends with my brother in law and knew i was in a weak frsme of mind, used undue influence to get me to sell at a loss of close to three hundred thousand. I had been experiencing severe depression prior to sale and in the condo year and hslf since sake have been pretty much incsoavitsted. It os all csn do to look into the possibility of trying to get it back as i was at aajpr disadvantsge alone and had recently had massive losses. Any lawyer in nj? Do you think i have a chance. I sm a middle aged woman and slone snd he is a weslthy dlck businessmsn who was aware of my situation and intimidating amd benefitted beuond belief becsuse of my depressed stste.

Lawyer's Assistant: Has anything been filed or reported?

No . I have been depressed anxiety ridden and was afraid of his recourse as i am not wealthy and he is abd my brother in law and sister are friends if his and against me. They wanted me iff the farm. They used undue influence also so i have been stuck. I had tried to call a couple lawyers bur everyone is too busy. Also here - it is small town and tbe lawyers won't go up against the buter buyer .

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That i desperately need their help. This all happened after my father died and many things fell apart and my best froend almost called suicide line a couple weeks before i settled and went to hospital a... so i really was unstable... to please please help me. Thanks

Submitted: 7 months ago.Category: Real Estate Law
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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
I did not know this was for canada!! I am in new jersy usa!!!
Answered in 30 minutes by:
12/7/2017
Real Estate Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,582
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Do not worry - this is the US legal category. A contract is presumed to be valid unless you void it. It may be voided by filing a suit for declaratory judgment under N.J.S.A. 2A:16-51 et seq. You would have to show that someone in your situation was not in their right mind when they signed the contract:

"The test of mental capacity to contract is whether the person in question possesses sufficient mind to understand, in a reasonable manner, the nature, extent, character, and effect of the act or transaction in which he is engaged; the law does not gauge contractual capacity by the standard of mental capacity possessed by reasonably prudent men. It is not necessary to show that a person was incompetent to transact any kind of business, but to invalidate his contract it is sufficient to show that he was mentally incompetent to deal with the particular contract in issue..."

See In re Schiller, 372 A. 2d 360 - NJ: Superior Court, Chancery Div. 1977 (internal citations omitted).

The onus is on you to file and win such a suit, possibly using the help of an expert psychiatrist, etc.

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Customer reply replied 7 months ago
How would you define "reasonably prude t men?" And what would mentally incompetent include? In general ? Or at that time?
Real Estate Lawyer: Ely, Counselor at Law replied 7 months ago

"Reasonably prudent" is up to the Judge or Jury to decide, on a case by case basis. And mentally incompetent would mean at the time that one was signing the contract.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 7 months ago
What about the undue influence and him having huge advantmtage by knowing my situation and being an experience wheeler dealer. I signed but i obviously was out of my mind and intindayed to hand over my whole world for him to shortly get tbe preservation money and thus benefit rediculously . I was having a nervous breakdown and suicidal threats and much worse now. It was lopsided deal. I did it. I could stop myself. I had had a car accident also and sold it in a continuous panic attack and was on and off meds. Trying to get it under control. I just have no idea if i have graounds. He has gloated how he gots such a great deal☹️I have been to the hospital dour told mes over the past year becaus ethey think i may hurt myself. I never had this before ! I haven't found a lawyer who will go up against him.
Real Estate Lawyer: Ely, Counselor at Law replied 7 months ago

What about the undue influence and him having huge advantmtage by knowing my situation and being an experience wheeler dealer.

That does not apply here. All that matters is if you were in your right mind and had capacity to sign.

I signed but i obviously was out of my mind and intindayed to hand over my whole world for him to shortly get tbe preservation money and thus benefit rediculously . I was having a nervous breakdown and suicidal threats and much worse now. It was lopsided deal. I did it. I could stop myself. I had had a car accident also and sold it in a continuous panic attack and was on and off meds. Trying to get it under control. I just have no idea if i have graounds. He has gloated how he gots such a great deal☹️I have been to the hospital dour told mes over the past year becaus ethey think i may hurt myself. I never had this before ! I haven't found a lawyer who will go up against him.

You may have to look around more, or, file yourself without counsel, if needed.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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