Legal Question in Real Estate Law in New York

Real Estate Purchase and a Minor

My nephew will be 18 in 6 weeks.

He will receive a check from a structured settlement on his 18th birthday.

He has found a home he wants to

purchase. The homeowner is anxious to sell the property.

Since he is a minor, will he be able to begin the purchasing process? Or, since he is still a minor, must he wait until his 18th birthday to begin the paperwork process, make an offer, put a binder on the house etc.

The concern is he does not want to lose this house if he is stalled for the 6 weeks until his birthday.

Short of waiting the 6 weeks to begin the purchasing process, is there anything he can do to get himself locked in to the house?


Asked on 6/26/08, 2:35 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Real Estate Purchase and a Minor

A minor does not have the capacity to enter a contract. However he may negotiate the contract. Therefore, he may begin the purchase process as a minor, but the contract must be signed and may only be enforceable after his 18th birthday.

Mike.

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Answered on 6/26/08, 2:59 pm


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