Court Revoking Real Estate Contract for Disabled Person (Illinois)

By Matthew A. Quick In light of the recent holding in Perry v The Estate of Irene Carpenter, equitable considerations are a proper basis for a court to set aside a contract for sale of a disabled person's home, especially where circumstances indicate fraud and unfairness. As held in previous cases, “Courts are under a duty to protect the interests of a minor or a disabled person who is party to the judicial proceedings before it.” Valdovinos v Luna-Manalac Medical Center, Ltd, 328 Ill App 3d 255, 272; 764 NE 2d 1264, 1277 (2002). “Gross inadequacy of price is not of itself sufficient to set aside a judicial sale, yet when such inadequacy is shown, coupled with slight circumstances indicating unfairness or fraud, either upon the part of the officer, the purchaser or the party to the record benefitted by the sale, it will be sufficient for equitable intervention.” Milner v Denman, 21 Ill 2d 182, 190; 171 NE2d 654, 658 (1961); quoting Rogers v Barton, 386 Ill 244, 250; 53 NE2d 862, 865 (1944).