Word of the day
Even if the minor misrepresents his or her age, the minor can still disaffirm the contract, although misrepresentation may lead to an action in damages for fraud.
A deed by a minor is voidable, although a minor may be a grantee and may receive realty by gift or inheritance. A minor is generally deemed incapable of appointing an agent to sell his or her property; thus any power of attorney executed is void.
If land owned by a minor must be sold for the minor’s maintenance or for investment, court proceedings to appoint a guardian must be instituted, in which case the minor becomes a ward of the court. The court can grant the guardian a special license to sell the property if the guardian posts a bond (the guardian does not need a real estate license).
Generally, title by adverse possession cannot be established against a minor unless the adverse possession continues for the prescription period after the minor reaches majority.
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