When an Unemancipated Minor Makes an Agreement Concerning Real Property, the Agreement is…

As a professional, it`s important to recognize that real estate law and terminology can be complex and difficult to navigate. One area of real estate law that requires special attention is the legal implications surrounding agreements made by unemancipated minors concerning real property. So, when an unemancipated minor makes an agreement concerning real property, what does that agreement entail? Let`s delve deeper.

Firstly, it`s important to define what an unemancipated minor is. An unemancipated minor is someone who is under the age of 18 and has not been granted legal independence from their parents or guardians. In a legal sense, an unemancipated minor is not allowed to enter into binding contracts without the consent of their parents or guardians.

When an unemancipated minor makes an agreement concerning real property, the agreement is not considered legally binding. This is because minors do not have the capacity to enter into contracts, as they are not considered legally competent to do so. This means that any agreement made by an unemancipated minor is voidable by them or their guardians at any time.

However, there are some exceptions to this rule. For instance, if a minor enters into a contract for necessary goods and services, such as food, clothing, or medical services, that contract may be enforceable. Additionally, some states allow minors to enter into contracts for employment or for the purpose of conducting their own business.

In terms of real estate, the situation becomes a bit more complicated. If an unemancipated minor enters into a contract to purchase real property, the contract is voidable by the minor or their guardians. This means that they can choose to either go through with the purchase or back out of the agreement without legal repercussions.

However, if the minor does choose to go through with the purchase, the contract may become binding once they reach the age of majority. In some cases, the minor`s guardians may be required to sign off on the purchase agreement in order for it to be enforceable.

In conclusion, when an unemancipated minor makes an agreement concerning real property, the agreement is not legally binding. However, there are exceptions to this rule, and the situation can become more complicated if the minor chooses to go through with the agreement. As always, it`s important to consult with a real estate attorney if you have any questions or concerns about contracts involving minors.