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Is this contract binding

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What is the name of your state?missouri

If someone cannot read and was taking narcotics for cancer and ended up signing a contract for remodeling a house along with their spouse, are they legally responsible for half the debt?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state?missouri

If someone cannot read and was taking narcotics for cancer and ended up signing a contract for remodeling a house along with their spouse, are they legally responsible for half the debt?
Perhaps.
 

adjusterjack

Senior Member
He signed it, he's probably bound by it.

There were plenty of ways he could have said no.

A lot more details about the event are needed for further discussion.
 

LdiJ

Senior Member
He signed it, he's probably bound by it.

There were plenty of ways he could have said no.

A lot more details about the event are needed for further discussion.
If he/she was incompetent to sign a contract (and it is possible that he/she was) then perhaps they might not be held responsible, so I agree that more details are needed.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state?missouri

If someone cannot read and was taking narcotics for cancer and ended up signing a contract for remodeling a house along with their spouse, are they legally responsible for half the debt?
I'd like to point out that if one is considered competent to sign the contract, then each spouse is quite likely responsible for the entire debt.
Taking a narcotic and not being able to read do not, in and of themselves, mean that someone is incompetent.
 
Who are you in this situation? Is this a real situation or a hypothetical?
It's a real situation. I help care for the gentleman who can't read. He has been divorced for years and lives with me and my fiance. The mortgage company is trying to go after him for payment.
 

Zigner

Senior Member, Non-Attorney
It's a real situation. I help care for the gentleman who can't read. He has been divorced for years and lives with me and my fiance. The mortgage company is trying to go after him for payment.
A mortgage and a contract for remodeling are entirely different things.
Your best bet would be to take the gentleman to a local attorney to discuss the matter.
 

quincy

Senior Member
Generally your signature on a contract signifies you have read the document and understand what is written and agree to its terms. With the signature, it becomes a legally binding agreement.

However, no one can be legally bound by contract who does not have the capacity to contract. This incapacity to contract can be due to age (i.e., a minor), infirmity, intoxication, or because the person is under guardianship.
 

zddoodah

Active Member
If someone cannot read and was taking narcotics for cancer and ended up signing a contract for remodeling a house along with their spouse, are they legally responsible for half the debt?
When you say "they," are you talking about the illiterate person and his spouse? Or are you misusing/confusingly using a plural pronoun to refer only to the illiterate person?

Subject to how you answer the question, it is likely that both the illiterate person and his spouse are liable for 100% of the contract price. If the illiterate person signed the contract without asking that it be read to him, then he apparently didn't care what the document said. That being the case, what would make you think that he might not have liability? Did the other party to the contract know or have reason to know that this person was illiterate? Same question about the cancer meds.

What details would help answer this question for sure?
Briefly describe the circumstances that led to the signing of this contract. What is the status of the remodeling work? How much has been paid and how much remains unpaid? Please be mindful that, when telling a story, indiscriminate use of plural pronouns may render what you write ambiguous.

I help care for the gentleman who can't read. He has been divorced for years and lives with me and my fiance. The mortgage company is trying to go after him for payment.
Huh? In your original post, you wrote that this person "sign[ed] a contract for remodeling a house along with [his] spouse, but now you're telling us that he doesn't have a spouse? Was this contract signed when he was married? How long ago was this? Was the contract to remodel the house in which the three of you live? If so, who owns the house? Why would some mortgage company be seeking payment for a home remodeling contract? What does "trying to go after" mean?
 
When you say "they," are you talking about the illiterate person and his spouse? Or are you misusing/confusingly using a plural pronoun to refer only to the illiterate person?

Subject to how you answer the question, it is likely that both the illiterate person and his spouse are liable for 100% of the contract price. If the illiterate person signed the contract without asking that it be read to him, then he apparently didn't care what the document said. That being the case, what would make you think that he might not have liability? Did the other party to the contract know or have reason to know that this person was illiterate? Same question about the cancer meds.



Briefly describe the circumstances that led to the signing of this contract. What is the status of the remodeling work? How much has been paid and how much remains unpaid? Please be mindful that, when telling a story, indiscriminate use of plural pronouns may render what you write ambiguous.



Huh? In your original post, you wrote that this person "sign[ed] a contract for remodeling a house along with [his] spouse, but now you're telling us that he doesn't have a spouse? Was this contract signed when he was married? How long ago was this? Was the contract to remodel the house in which the three of you live? If so, who owns the house? Why would some mortgage company be seeking payment for a home remodeling contract? What does "trying to go after" mean?
Ok so sorry. Yes he was married at the time it was signed. Him and his wife took out a second mortgage. He owned the house prior to the marriage. It was signed in 2008. The house itself no longer exists. The mortgage company is still trying to collect the amount owed. Yes his wife knew he could not read and that he was under the use of medications that can impair judgement. The amount was around 40000. Their is still about 20000 owed.
 

quincy

Senior Member
Ok so sorry. Yes he was married at the time it was signed. Him and his wife took out a second mortgage. He owned the house prior to the marriage. It was signed in 2008. The house itself no longer exists. The mortgage company is still trying to collect the amount owed. Yes his wife knew he could not read and that he was under the use of medications that can impair judgement. The amount was around 40000. Their is still about 20000 owed.
What proof is there of the impairment existing at the time of signing?
 

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