Eagle Properties, a real estate investment and sales firm, presents a form contract to its customer Floyd, who wants to buy a certain quarter acre of land in a proposed housing subdivision that Eagle is marketing. Eagle does not pressure Floyd to sign a contract, but offers its form on a take-it-or-leave basis. If Floyd signs the form, is it enforceable?
What will be an ideal response?
Possibly, but not under all circumstances. This standard form contract is not enforceable if enforcement would be unfair or oppressive. A standard form contract is often an adhesion contract, which may not be enforced if the adhering party¾the buyer in this situation¾shows that the parties were in substantially unequal bargaining positions and enforcement would be unfair or oppressive. Such a contract may be avoided on grounds of fraud, undue influence, duress, or unconscionability. Unconscionability is the most likely possibility in this question because the seller did not pressure its customer to sign the contract.
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