Full question:
A 16 year old is defiant and mad at his parents. He moves out. He is later diagnosed by a counselor with Oppositional Defiant Disorder (ODD). He has a horse that is registered in his name and has a Bill of Sale for the horse. He tells a teacher at the school he 'wants nothing to do with his parents' and sells the horse to the teacher for the $1000. The minor did not have parent permission to sell nor did the teacher obtain parental permission to buy the horse. The teacher has the horse 33 days and starts advertising it for sale on-line. The parents learn the horse is for sale at day 67 and tries to buy the horse from the teacher at her named asking price. The teacher refuses. The teacher sells the horse on Day 80 for $2800 to a 3rd party. Seven days later the parents buy the horse back from the 3rd party for $3500. The minor still refuses to talk or make amends with the parents. Do the parents have grounds to sue the teacher in civil court on grounds that it was an invalid contract with the minor and not legally binding? Monetary damages in the amount of $1800 will be sought. (Difference between purchase price with minor and purchase price of parents to retrieve the horse/property.)
- Category: Minors
- Date:
- State: Montana
Answer:
In most states, the age of majority is 18. Generally, a minor cannot enter into binding contracts, except for necessities. A minor can disaffirm a contract until they reach the age of majority. However, only the minor has the power to disaffirm a contract.
The validity of the sale depends on various factors. A bona fide purchaser is someone who buys in good faith without knowledge of any title defects. If the teacher was unaware of any issues regarding the minor's right to sell the horse, the sale may be upheld. A minor can sell property they fully own, even without parental permission, unless specific contract terms state otherwise. Ultimately, a court will determine the validity of the sale based on the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.