Legal Question in Consumer Law in Texas
Minor signing for parents
Is a contract signed by a minor, authorizing the withdrawel of funds from his/her parents' bank account by automatic monthly deductions legally binding when the minor signs without the parents present, but testifies (verbally/otherwise) to their consent upon signing?
1 Answer from Attorneys
Re: Minor signing for parents
A contract cannot be legally enforced against a minor. If the minor has been unfairly enriched by the contract, the court can order the return of the merchandise. The court cannot force the minor to honor the terms of the contract, however.
If the parents became aware of the contract, and by their actions and their words, validated the contract -- then the third party creditor may have an equitable estoppel against the parents, but its a long shot.
The minor may be looking at criminal charge for the fraud and for the perjury.
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