Question
PROBLEM SCENARIO: 1.In January 2021, Lauren, an elderly widow without children, sold her house to her nephew, Thomas, a real estate agent, for $1.9 million,
PROBLEM SCENARIO:
1.In January 2021, Lauren, an elderly widow without children, sold her house to her nephew, Thomas, a real estate agent, for $1.9 million, as this is what Thomas told her it was worth. It would have been worth more on the open market. They agreed that a deposit of $500,000 was payable immediately and the balance would be by way of a loan from Lauren to Thomas. Under the written terms of the loan, Thomas was to repay the principal over a 14 year period at the rate of $100,000 each year, payable on the anniversary of the sale. The written terms provided that no interest was payable.
Lauren had no business experience and did not obtain any independent advice before selling her house and agreeing to the loan. She was very lonely at the time and was looking forward to sharing the house with Thomas.
Recently they have had a serious disagreement. Lauren wants to know if the agreements to sell the house and make the loan are binding.
Advise Lauren, giving legal support for your arguments using contract law principles (common law and/or statutory law) only.(13 marks)
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