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?
5 Answers from Attorneys
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.
Re: Legal age to sign contract
Anyone over the age of 18 is an adult.
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.
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.
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.