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Contracts Keyed to Burton
Hernandez v. Banks
Citation:
65 A.3d 59Facts
Bryant and Sheillia Banks (defendant-appellees) entered into a lease agreement with Ms. Patricia Speleos. Pursuant to their lease agreement, the Bankses would pay a monthly rent fee and had the exclusive option to purchase the property at any time for $50,000. Ms. Speleos was later found by a court to be mentally incapacitated. A hearing was held to determine the status of real estate transactions that Ms. Speleos entered into prior to the adjudication of incapacity. Ms. Speleos’s conservator alleged that Ms. Speleos was already incapacitated at the time of the real estate transactions. The Bankses claimed that they were entitled to remain tenants because they had a valid lease with Ms. Speleos. The company 718 Associates (plaintiffs-appellees) later obtained title to the property and filed a lawsuit seeking a judgment for possession of the property against the Bankses.
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Defenses to Formation