Can an intoxicated person enter into a contract? Of course they can, HOWEVER they can also pick a fight with their best friend, forget where their car is, wake up on the bathroom floor, or order $1,000 worth of Tupperware….
A good number of unpleasant situations and stupid decisions can happen under the influence!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
So, should an intoxicated person enter into a legally binding real estate contract? And is it really legally binding?
I’ve read (and I am not an attorney) that the contract could be voidable if one party knows that the other party is incapacitated, or if one party is, or I would say could even ‘appear to be’, taking advantage of the intoxicated person. Why risk it??!!
Occasionally, we meet customers that have been drinking beer, camping, fishing and enjoying their day in the mountains, who come into our office and ask to see property. These folks are just having a good time- they are not unruly. But, as a real estate agent, if I smell alcohol, I have to assume that any offer they may want to write could be voidable.
I met such a fellow in my office the other day who had been having “a really fun time” and wanted to write an offer. I explained I would need proof of funds or a lender letter to submit with the offer, and he said he could get that for me the next day when he got home. We agreed that once I received that, I would prepare the offer and send it to him for his electronic signature.
The next day came and went....
I tried several times to reach him but he didn’t respond. Given the extra time to think it over, (sober up?) I can only guess that he must have decided that what he thought he wanted to do wasn’t really what he wanted at all.
I do my best to help everyone who walks in our office and I would never take advantage of anyone.
In this fast-paced market it is not always wise to wait to make an offer; but in this specific instance it’s for everyone’s benefit to “sleep on it”....
...because some things that sound like a great idea when drinking, might not seem like the right choice in the light of a new day!
“… With great alcohol comes great irresponsibility.”
― Mokokoma Mokhonoana
“The sacred pint alone can unbind the tongue...”
― James Joyce, Ulysses
“It takes only one drink to get me drunk. The trouble is, I can't remember if it's the thirteenth or the fourteenth.” George Burns
_________________________________________________
Mary Douglas, your Mountain Broker-Associate and REALTOR®
United Country Ponderosa Realty, Red Feather Lakes, CO
www.marydouglas-redfeatherlakes.net
970-231-5756 phone or text- email: mary@redfeatherlakes.com
I specialize in the Red Feather Lakes and Livermore area, Fox Acres, Crystal Lakes and Glacier View Meadows Subdivisions, when you want to buy or sell your mountain home, call me!
The information contained in Mary’s blog is deemed reliable but is not guaranteed and the opinions and views expressed in these articles are solely those of the author.
I write about my area in Colorado; Law, Custom & Procedure vary from State to State and even within the State.
REAL ESTATE IS LOCAL. Always consult with your LOCAL Real Estate Professional.
Comments(8)