Legal Question in Real Estate Law in New York

Re: Minimum age necessary to sell a house in New York

In New York, a person is a minor until the age of 18 years old is attained. As long as they are under 18 years of age, most contracts they enter into can be disaffirmed, that is to say rescinded, made null. However, once the age of 18 is attained, they are no longer minors.

A minor, somebody under 18 years of age, cannot sell nor dispose of real property by himself, unless the minor is married and is selling his/her own home (New York's General Obligations Law, Section 3-101(3)). (However, a guardian acting on the minor's behalf can sell the minor's real property pursuant to a court order).

Therefore, if this young man sold the home before he attained the age of 18 and he was unmarried at the time, perhaps something could be done. If he was 18 years old or older when he sold the home, or if he was married when he sold the home and and he had been living there until then, the sale of the home would be more difficult to undo.

Re: Minimum age necessary to sell a house in New York

Contact A local LAW SCHOOL LEGAL CLINICS, ASAP, for info on how and where this youngster, with your help should proceed.

NYU, Fordam, Bklyn Law School, NY Law School, Columbia University Law, etc., all have legal clinics and referral services that may be able to help this youngster in this mess.

Good luck,

Phroska L. McAlister,ESQ