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Estate of McKenney

District of Columbia Court of Appeals

953 A.2d 336 (2008)

Facts

Joseph McKenney (plaintiff) inherited a home from his mother as part of her estate. However, the property taxes were not paid on the property for more than 10 years, which resulted in over $100,000 in unpaid taxes. In 2004, McKenney was living in a shelter and employed as a banquet steward. Khalid Eltayeb came to McKenney at work with another man and offered to buy the home. Eltayeb stated that the home was about to be demolished due to unpaid taxes, unless McKenney paid the full amount due. Eltayeb stated that his companion held the contract to demolish the home. Eltayeb offered McKenney $1,200 for the home. McKenney accepted the offer the next day, after Eltayeb again returned and insisted on a decision. Eltayeb failed to disclose that the home was actually worth over $150,000, concealed a page of the agreement to sell listing that value, and failed to disclose McKenney’s right of redemption. Eltayeb then opened the estate in probate court and had the sale completed. McKenney later learned of the true value of the home, entered into a new contract to sell the home for over $200,000, and requested the probate court to rescind the sale. The trial court determined that Eltayeb had misrepresented material facts to McKenney, which were relied on, and granted the rescission. Eltayeb appealed.

Rule of Law

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Issue

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Holding and Reasoning (Steadman, J.)

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