Legal Question in Real Estate Law in New York

Legal age to sign contract

Tw 20 year olds and a 26 year old rent a house and sign a contract. Is it a legal contract since two are minors?


Asked on 12/05/01, 2:04 pm

5 Answers from Attorneys

Bunji Fromartz Fromartz Law Offices

It Is a Legal Contract

Besides the fact that a lease for housing is a contract for neccesities (so not cancellable), the 26 year old would be liable even if the minors were able to dissavow the contract.

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Answered on 12/06/01, 12:26 am
Savyon Grant Law Office of Savy Grant

Re: Legal age to sign contract

Anyone over the age of 18 is an adult.

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Answered on 12/07/01, 3:31 pm
Thomas Luz Pearce & Luz LLP

Re: Legal age to sign contract

What all of these guys are missing is the law. General Obligations Law 3-101 says that no one over 18 may disaffirm a contract on the ground of infancy. The 20-year olds are on the hook.

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Answered on 12/06/01, 12:02 pm
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Legal age to sign contract

The general rule is that even a minor cannot disclaim a contract for neccesities. As shelter is clearly in that category, disclaimer is probably not available.

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Answered on 12/05/01, 5:36 pm
Steven Rubertone Law Offices of Steven Rubertone

Re: Legal age to sign contract

Even though a minor may in certain cases void a contract, a contract for "neccesities" which usually include shelter are not always voidable. Without knowing more, it would appear that the defense of a lack of capacity to enter into the contract would probably not be available.

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Answered on 12/05/01, 5:48 pm


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