What can we do if my dad made a mistake signing real estate papers and an offer real fast?

Obtain yourself probate litigation counsel now, to represent you; your father did not have mental capacity to sign any documents, and therefore did not have the requisite legal capacity to enter any contract for the sale of the property; don't let the other side spook you by their threats, and have your counsel remind them they can be liable for attorney fees and costs in trying to enforce an invalid contract; your probate litigation counsel can put a Notice of Lis Pendens on record against the property, which basically means notice to the world there is a lawsuit pending against the property. Also, you will need to obtain counsel that can prepare a conservatorship of your father and his estate.

If your Dad is willing to say he was incapacitated when he signed, because of his Alzheimers, then it seems to me the contract should be voidable based on that lack of capacity. In Oregon, you might be able to get by with a conservatorship and "financial incapability," which your Dad might find easier to accept, but find a good contracts lawyer to make sure that's a sufficient level of incapacity to void the contract.

Was the other party aware of your father's problem? You may have a defense to a complaint to enforce the agreement.

I am handling a similar case right now. If a person has Alzheimer's he may "lack legal capacity", meaning he is not competent to sign any contract. This is an issue that might have to be tried in court.

I think you are in a tough spot. Unless the buyer had reason to know that your dad was impaired, I think you are on the hook for the sale. The buyer is generally treated in these cases as an innocent third party, and under the contract terms, they would normally have the right to demand specific performance. You need to find another attorney right away, if you wish to challenge this. I think you have a real uphill battle, though. I am sorry to be the bearer of bad news.

Legal documents are only valid and enforceable if the one signing them had the legal capacity to do so. Your father's Alzheimer's might have been progressed to the point that he did not have the ability to understand the consequences of what he was doing. If so, a court will set those documents aside, nullifying them legally. To do so, however, on behalf of your father, evidence would have to be presented to satisfy the court that on the day he signed the documents your father more likely than not could not understand the consequences of his signing those documents. You bear the burden of prove. If from the evidence, the judge is unconvinced either way, then the documents will be upheld as valid and legally enforceable by the other party to the real estate transaction. Your challenge is to marshal evidence of your father's understanding on the day he signed those documents. You need to get him examined by a neuropsychologist very, very soon. The Alzheimer's medical records, and the physicians that your father was examined by in the time frame leading up to, and even in the near term after the date the documents were signed are critical for the neuropsychologist to have, to factor into his or her opinion as an expert. Since it is highly unlikely that there was a medical exam the day of or day before the documents were signed, the neuropsychologist will need to extrapolate your father's condition from the medical opinions from exams leading up to the signing date and those as soon after that date as were conducted by any physician. The type of legal action that would put the issue before the judge is a declaratory judgment action??asking the court to declare those documents invalid, due to lack of mental capacity on the part of your father, who signed them.

Find out from your prior attorney what he means. You probably need to hire a more aggressive attorney who will threatened to sue the buyers for elder abuse, etc. You need to be able to point out all the signs that the sale price was too cheap. The more obvious your father's disease to the buyers the stronger your case. If escrow has not yet gone through, stop it so that you retain the title to the property. There probably is a liquidated damages clause in the sales contract, which sum would be their remedy for a breach by your father [I suspect that the sale already did go through]. A written diagnosis from a physician that he has Alzheimer would be helpful. Was your father represented by a real estate agent, were the buyers, as that person might also be liable. You need t put your father's assets into a trust so that this does not happen again.

Once the papers are signed each party has a legal obligation to go through with the deal. However, if you can show either that the other party unduely influenced or rushed your father to sign the papers or that your father's illness is so severe that he could no longer see to his own affairs when he signed, the judge may rule in your favor.

Your potential your case is potentially quite complex. If your father did not have contractual capacity at the time signing the documents it is possible that they may be invalid, you should see an attorney immediately.

If your father has not yet signed a deed and delivered possession of the property, any new attorney representing you would need to (1) review the purchase agreement with special attention to any default provisions, (2) review any title work and (3) obtain a medical report on his mental capacity. Real estate actions for specific performance of a sale agreement are actually difficult for buyers to win, especially if they were borrowing the money needed to complete the sale because their measure of damages favors sellers. A $20,000 offer of settlement was probably generous.

Sue the attorney for malpractice. Let them take you to court and defend with the alzheimers disease.

You need to meet with another attorney, and fast. There is not enough information in your question to properly advise you, and I doubt an attorney could advise you without reviewing the paperwork, talking to your father, and seeing what prior counsel has already done. Best of luck to you.

You should hire a new attorney, and (if possible) you should get a physician to provide an opinion that your father wasn't competent when he signed the agreement.

Hire the right attorney. Talk to friends, other attorneys to get suggestions. Interview the prospective attorney before hiring her or him. Good luck.