Can a minor be held to a contract?

UPDATED: Aug 27, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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