Recent Answers to Basic Transaction Law Questions
Can I sue my aunt for breach of contract?
Fiduciary Duty
Basic Transaction
California
My aunt coered me into selling my house and then changed to contract at the last minute. Threats, exploitation of disabled adult and fraud.
Matthew K.
You can sue anyone for any reason. Your real question is, "will I be successful?" That question cannot be answered without looking at the evidence supporting your allegations and the relationship with your aunt. If you are a disabled adult, as defined by your state's law, and your aunt was your guardian or conservator, then it is possible that a rebuttable presumption would arise. That means, it would be assumed that your aunt breached her fiduciary duties to you and it is presumed that fraud and undue influence came into play. The burden would be on her to rebut the presumption. Your case would become much stronger.
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