What is Duress in Real Estate? Definition + Examples

duress real estate definition

What is Duress in Real Estate? Definition + Examples

The term describes a situation where an individual is compelled to act against their free will in a property transaction, specifically regarding real estate. This coercion negates the voluntary nature of the agreement. For example, a seller might sign a deed under threats of violence, or face severe repercussions should they refuse. Such situations directly affect the legality and enforceability of the property transfer.

Understanding the concept is crucial because freely entered agreements are a bedrock of legal property transfers. Its absence throws the entire transaction into doubt, potentially rendering the agreement voidable. Historically, protections against this kind of coercion have evolved to ensure fairness and uphold property rights. Legislation and legal precedent offer remedies for those subjected to such pressures during a real estate transaction.

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