Can a minor be held to a contract?

I sold a car to a minor not knowing he was a minor. Now he is not willing to fulfill the payments we agreed upon. Is he able to get out of the contract or must he fulfill it?

Asked on August 27, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all states in this country, a minor (person under eighteen [18] years of age) is not legally able to enter into a written contract. This means that a minor can rescind (cancel) the contract entered, but as a condition of rescinding the contract, he or she must restore to the other side everything that was part of the agreement.

In you situation, if the minor wishes to cancel the contract for the car, he or she must return to you the car as well as money for the fair rental value of it during his or her use.

If the minor in your situation wishes to keep the car, he or she is required to pay you all owing under the agreement to purchase.

Good luck in resolving the contract for the sale of your car.


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