Definition of "Duress"

Glory Bee Costa real estate agent

Written by

Glory Bee Costaelite badge icon

Keller Williams Select Realtors

Act of forcing an individual or business to do something against their will. It is a legitimate defense in court to reserve the effect of the compelled act.

Comments for Duress

Grace Grace said:

I would like to know why a law does not exist that forces real estate agents to say to vendors to take sale contract home or to their lawyers to verify. They always place contracts in front of people and point a finger to the signatory spor and say "sign here". I once said "I need to take contract home to think about it" and the agent immediately said "No, you can't, the purchaser will place an offer elsewhere". Is this action not considered duress. They are pushy and play on people's emotions.

Aug 20, 2019  23:25:44

 
Real Estate Agent

Hello! Thank you for bringing up this issue. There must be clients who have the same question. However, the answer is quite simple. Don't go alone! Whenever you have to sign a contract, ask a professional to join you - ideally, a lawyer. There is a lot of jargon and many real estate terms that you may not fully understand. If you want to study the contract, I'm sure that nobody would mind if you actually took the time to read it. If they didn't feel comfortable with this, then it would be a good idea to leave and do business with somebody else. Contracts are very powerful documents and both parties must know exactly what they are getting themselves into. As for the fact that agents play on people's emotions, this is true for all businesses. Emotions are the essence of marketing. 

Aug 26, 2019  16:14:05
 
 
image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

The term straight note in real estate is also known as a promissory note. A straight note is defined as a loan agreement that generally requires payments of interest only over the term of ...

One of the parties is unable to satisfy the conditions of the purchase and sale contract. ...

Accumulation of housing units deemed substitutable by homogeneous households, such as those having comparable attractiveness and usefulness. ...

Interior building trim surrounding windows, doors, and baseboards. Interior trim is both decorative and functional. It comes in several different styles and serves to finish the adjoining ...

The term “property title” is relatively common and often used in the real estate industry, which is why it’s useful to know what it really means. While the term itself is ...

Contracts: Awarding a contract to the bidder for the property with the best offer. Lease: To lease property to a lessee. ...

Time interval between buying a real estate investment and selling it. A sound way to determine the return from a real estate investment is over its life. For example, if land was bought on ...

Two or more parties signing a mortgage and sharing a joint financial obligation for the mortgage terms. Under these circumstances, co mortgagors often have a joint property interest and ...

The ability to pay is a self-explanatory term used in Real Estate to determine if the Home Buyer has the financial health to honor a deal. Mortgage Lenders can't afford to lend out money ...

Popular Real Estate Questions