There is no underlying debt on the property. At some point Emma inadvertently let her homeowners' insurance lapse and apparently she often paid bills even when the statements showed a credit balance. But for at least the first three years after Shorty died, Emma continued to live very frugally and did not sell any property. Given Emma's age, her lack of sophistication in financial matters, and her almost childlike trust in Samantha and Linda, each of them should have insisted upon getting appraisals and paying fair market value in purchasing property from Emma.
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The court observed Emma's behavior for three full days in December of 2005 and two full days in January of 2006, and her behavior was as described above. Effective July 22, 2007, some sections of the AVA were amended in ways that do not affect this appeal. Emma's lack of expertise in real estate and financial matters is also undisputed. Miui download 234 7. Because Emma was diagnosed with two urinary tract infections in such a short period of time, the court questions whether she took all of her antibiotics as prescribed.
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Miui download 234 7. Miui download 234 7. Emma, by being nice to her and taking her on trips to Costco, so that she could get a listing on Emma's property that Lotto wanted to buy. Emma's disorientation cleared up with 24 hours when she was at the hospital in June of 2005 for the same condition. Miui download 234 7. Miui download 234 7? Emma signed at least two versions, including one that lacked a legal description or a map. Miui download 234 7. Miui download 234 7. The unchallenged findings also show that Samantha's influence over Emma extended beyond real estate. Miui download 234 7. Miui download 234 7.
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Miui download 234 7. Ron and Don contend the Sauls and the Gabeleins argue for the first time on appeal that the court erred in not addressing whether Emma was a vulnerable adult at the time of the Purchase and Sale Agreement in 2004. Miui download 234 7. Miui download 234 7. Even if she was suffering from a urinary tract infection, the antibiotics prescribed for her on February 8, 2006, would have been completed on February 13 or 14. Miui download 234 7!
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We affirm in part, reverse in part, and remand for a determination of damages and attorney fees under the CPA. Miui download 234 7. Miui download 234 7! Miui download 234 7. Miui download 234 7. The court expressly found the psychologist's report of Emma's statement credible. Miui download 234 7. Miui download 234 7! Linda had an obligation to advise Emma about the fair market value of the property that Linda purchased from her before the purchase. Miui download 234 7. Emma, the Sauls, and the Gabeleins also contend that only the donor may challenge the transaction and that White only applies to a rescission action. Because the trial court found Sandy Fisher's testimony about the sale in 2004 noncredible, Emma, the Sauls, and the Gabeleins assert substantial evidence does not support the trial court's finding that the conversation occurred. Miui download 234 7. Miui download 234 7. Miui download 234 7. Miui download 234 7! Ron and Don assert the last exploitation occurred at the closing on May 16, 2005. Miui download 234 7. Miui download 234 7. Miui download 234 7? Miui download 234 7. We conclude the trial court did not err in concluding that Emma's sale for well below market value was a gift and in shifting the burden to the Sauls and the Gabeleins to prove undue influence.