Legal Question in Consumer Law in California
legality of a contract
Is a contract legal and binding if a parent signs on behalf of their adult child? Thank you.
I have no idea what category of law this would fall under so I just selected Consumer Law as a shot in the dark. Sorry.
1 Answer from Attorneys
Re: legality of a contract
If the person is 18, the parent has no authority to sign unless he is the "agent" or "attorney in fact" for the adult child, same as between any two unrelated adults. Whether a contract signed by one is enforceable against the other depends on whether, for example, the parent had a written power of attorney; whether the parent had actual or implied or apparent authority to act as an agent; and whether the child benefited from the contract. Of course any legal opinion on your specific problem starts with a lawyer reading the contract and talking with you to determinine the circumstances under which it was signed, and your objectives.
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