The seller is a minor. How long will this take?

Question

We are under contract to purchase a rental property and the day before closing it was discovered that one owner was a minor and the property was not actually owned only by the adult who claimed to be the sole owner. Anyways, they found a real estate attorney and I'm wondering how long the process might take. The sellers aren't giving us much information other than filing extensions and saying they found an attorney. This is in SC.

Thanks

Michael Hassell · Answer

I am not a lawyer, I am not a lawyer, I am not a lawyer.

I was always under the impression that there were circumstances in which someone under the age of 18 could enter a legal contract.  Think child actors/actresses and such, to my understanding as a course of law, such an agreement would heavily favor the child (the court wouldn't look favorably upon you for mishandling a contract with a minor).

There are certainly cases where a minor is emancipated and then able to receive certain benefits a minor wouldn't customarily be entitled to.  A pregnant minor is often considered to be emancipated and responsible for her baby and often (though not always) for herself.

Imagine two seventeen year old's get married.  They present to you as a couple after tone of them has turned 18 and you jointly rent them a home.  Next day the 18 year old gets killed...I think the court would find that contract fully enforceable and protect the minor (17 year old).

I realize this case isn't like what I described, but I don't think a contract is void just because someone is underage...probably varies a bit state by state too.

Ashley Millar · Answer

UPDATE:   For anyone who might be following this or comes across it later.  The adult seller went to a judge who allowed the sale of the home, as long as the minor's portion of the sale was put into a trust for him when he is of legal age. She doesn't want him to have any of the proceeds at all and wants to take this to civil court. In the mean time, we are not willing to wait around all summer for her to get her act together unless seller reduces purchase price.  Home is now off the market, vacant, with huge list of issues that only get worse with time ( like mold and rot).  On to the next deal instead!

Aaron Mazzrillo · Answer

I once had a younger woman try to sell me a house she said was hers. Even showed up to the escrow office to sign docs. When the escrow officer asked her for her driver's license to notarize the deed, she good a startled look on her face (according to my escrow officer), said she left it in the car, left the office and never came back.

Ultimately, it was discovered she tried to sell me grandma's house without telling grandma. Sounds like you have a similar situation; some scumbag relative is trying to sell off the kid's house (inheritance?) and pocket the money.

Ashley Millar · Answer

So in general the crowd says "run"! Who knows how long before the guardian could get before a judge?   Plus, it sounds like a judge could still stop the sale of if it isn't in his best interest. If the agreed upon price ( with the adult owner) wasn't so great, I'd have left the deal last week. Maybe I won't sign the latest extension request and start looking for other deals.

Charlie Fitzgerald · Answer

Not going to happen

Unless the guardian ad litem agrees and signs on behalf of the child

Stan Sugarman · Answer

The guardians/guardian of the child is who you should deal with. They are the only ones with legal right to make decisions for the child.

Ashley Millar · Answer

The kid is only 10 years old.

Christina Yoon · Answer

not a lawyer,  so just my . 02 so take this with grain of salt.

Minors can not enter a valid contract.  Unless there is a pr or someone overseeing the estate,  etc, how long until the minor turns 18?