The attorneys at Schorr Law deal with a multitude of contracts and agreements pertaining to real estate. Given that we practice in Los Angeles, a very diverse city, we occasionally encounter scenarios where a party to a contract is not a native English speaker. In that scenario, the party may wish to dispute the terms of the contract based on the defense that they did not understand the contract because it is not written in their native language. Unfortunately for non-native speakers, there is no general defense based lack of proficiency in the language of a contract.
“One who assents to a contract is bound by its provisions and cannot complain of unfamiliarity with the language.” (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal. 3d. 699, 710[; Bolanos v. Khalatian (1991) 231 Cal. App. 3d 1586 [finding that party to contract could not use her lack of proficiency in the language of the contract as a defense.].)
In other words, parties should be sure to take contracts to someone who can accurately translate the contract because once the terms are agreed upon, they will be binding on the parties. Obviously, contracts involving real estate can be incredibly complex and confusing, even for people who are native speakers in the language of the contract. This makes our advice even more important for real estate contracts.
For more information or a free consultation regarding your real estate issue, please contact us at 310-954-1877 or firstname.lastname@example.org.