Agreement: Option-to-Purchase Agreement signed on September 28, 2015.
Property: Agricultural property, SE 7-55-12-W4, priced at $160,000.
Dispute: Respondent deems the agreement unenforceable, refuses to sell, and questions the damages claimed by the applicant. Respondent agrees to reimburse taxes paid.
Background
Power of Attorney: Respondent's husband, Brian Myer, since October 27, 2020.
Incapacity: Respondent declared incapable on January 8, 2021.
Property Use: Rented to non-family members since 2000, specifically to Mr. James Antoniuk from 2014 to 2021.
Agreement Signing: Witnessed by the Applicant’s mother during an event in 2015.
Issues
Validity of the Contract: Whether the Agreement constitutes a valid option-to-purchase contract.
Enforceability: If valid, whether it is unenforceable due to unconscionability or undue influence.
Damages: Whether the Applicant is entitled to damages or reimbursement.
Analysis
Lack of Consideration: Actions taken by the applicant did not constitute valid consideration for the agreement.
Contract Formation: Lacked specificity on exclusivity, irrevocability, and sale creation process, making it unenforceable.
Conclusion
Agreement Unenforceable: Due to lack of consideration and specificity.
Unjust Enrichment: Applicant awarded $4,143.20 for property taxes paid.
Costs: If not agreed within 30 days, parties may apply for further direction.
