Did Aviles use undue influence to obtain the apartment building? Agnes Seals owned and lived in a

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Did Aviles use undue influence to obtain the apartment building?

Agnes Seals owned and lived in a 10-unit apartment building on East 119th Street in New York City. When she was 80 years old, a fire damaged much of the building’s interior, leaving Seals physically and mentally unable to care for the property. Shortly after the fire, she met David Aviles, a 35-year-old neighbor. Aviles convinced Seals to sell him the building, promising to care for her for the rest of her life. She sold him the building for $50,000, taking a down payment of $10,000, with the rest to be paid over time. At the closing, Seals was represented by an attorney, Martin Freedman, whom she had never met before, and who had been referred to her by Aviles’s lawyer (with whom he shared office space).
Three years later, Seals died. Her will left her entire estate to Elba and Victor Sepulveda, but the building had been Seals’s principal asset. The Sepulvedas sued Aviles, asking the court to set aside the sale of the building, claiming that Aviles had used undue influence to trick Seals into a sale that was not in her interest. The jury found that Aviles had not used undue influence, and the Sepulvedas appealed.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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