Joe was trying to sell his home. He went out drinking with some buddies on Friday night and got really drunk. Saturday morning his realtor came by with a contract for the sale of his home. Joe looked over the contract, asked the realtor some questions about the date of the closing, asked the realtor what he thought about the contract, then signed the contract and went back to bed. When he woke up on Saturday afternoon he saw a copy of the contract on the table and flipped! The contract was for $10,000 less then what he wanted for the house.

Joe wants to disaffirm, claiming he was drunk when he signed. Can he?

Yes, because he lacked consideration

Yes, because of the next-day rule

No, because he understood the consequences of the contract

No, because the realtor was in a position of trust and unfairly persuaded him to sign the contract.