How have courts dealt with the sale of a property where the buyer has never understood the terms of the contract?
Manitoba, Canada
The following excerpt is from Riley v. Anderson, 2021 MBQB 127 (CanLII):
Nordland v. Calvert, [1982] A.W.L.D. 967, 40 A.R. 286, was about the sale of farmland. The seller was 82 and ignorant of business transactions. Over the years, the buyers had made several offers for the land, but their offers were refused. The seller’s English was not good. The buyers instructed a lawyer. The sale documents included an unusual option clause. The seller never did understand the option clause, even at the trial. He thought the contract gave him an option to sell, and didn’t realize that it actually gave the buyers an option to buy. The seller never got independent legal advice. The court found the transaction unconscionable.
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