In real estate and contract law, undue influence refers to the improper use of a fiduciary or confidential relationship to gain an unfair or fraudulent advantage over another person. It typically involves taking advantage of someone’s weakness, distress, or dependence.
Undue influence can render a contract or transaction voidable if it is shown that the influenced party did not act freely and voluntarily. Courts closely scrutinize transactions involving relationships of trust to ensure that consent was not improperly obtained.
