In real estate law, minors (referred to as “infants”) are granted specific protections due to their limited legal capacity. This means that they are generally not bound by contracts in the same way as adults. This protection is particularly relevant in the context of executory contracts, which are agreements where one or both parties are required to perform some future action, such as the sale or lease of property that will take effect at a later date.
For contracts involving necessaries—items or services essential for a minor’s well-being, such as housing or essential repairs—a minor may be held liable to pay for these goods or services. However, this obligation typically arises only after the minor has actually received the goods or services. If a real estate contract for necessaries is executory, meaning the transaction is yet to be completed, the minor has the right to cancel the agreement without incurring any liability for future obligations.
For instance, consider a scenario wher…
