Question
Homer, 86, and Helen, 88, live in a home they bought 30 years ago.They also own a two-acre meadow adjacent to their home. They have
Homer, 86, and Helen, 88, live in a home they bought 30 years ago.They also own a two-acre meadow adjacent to their home. They have long been retired;he was a plumber, while she worked for the Department of Veterans Affairs.To all appearances they are able to take care of themselves:Homer often walks around the neighborhood, feeding the birds, while Helen maintains the checkbook (although she only enters the check amounts and doesn't keep a running balance).However, their next-door neighbor Donna checks in on them daily and helps them figure out cable TV boxes, how to turn off the hazard lights in their new jeep, and understanding what to do about those "free checks" that keep coming in the mail. They also became friends with other neighbors, Cathy and Joe. Cathy is a realtor, and Joe is a mortgage lender.When they moved into the neighborhood 7 years ago, they told Homer and Helen that they would be interested in buying the meadow if Homer and Helen ever wanted to sell it.Recently, Homer knocked on Cathy and Joe's door and said he and Helen wanted to sell the meadow.When asked for the price, he said "$22,000".Cathy and Joe wrote up a formal offer to purchase the property for that amount, and it was accepted by Homer and Helen.Homer and Helen did not have a realtor or legal counsel advising them.
According to the property tax statement (which frequently undervalues property), the property was worth $220,400.At the closing, Helen complained the price was too low, and the escrow agent left.Two days later, the buyers called to reschedule the closing, saying that all differences had been resolved, and the closing was rescheduled.This time both Homer and Helen signed, and title to the property was transferred to Cathy and Joe.
Not long thereafter, when neighbor Donna heard about the transaction from Homer and Helen, she brought her own realtor in to examine the transaction, and convinced Homer and Helen to see a real estate attorney.Prior to that meeting, Homer looked at his bank statement.He stated that he was surprised to see only a $22,000 deposit instead of a $220,000 deposit.
Can Homer and Helen rescind this contract?Discuss.
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