Contracts
What is 'capacity to contract' and how does it apply to Delaware real estate transactions involving minors?
AAny person in Delaware can enter a binding real estate contract
BA minor (under 18) generally lacks legal capacity to enter a binding contract — real estate contracts signed by minors are typically voidable at the minor's option; minors must reach age 18 or have a guardian appointed to handle real estate transactions✓ Correct
CMinors can sign binding real estate contracts if a parent co-signs
DCapacity only matters in commercial transactions, not residential
Explanation
Legal capacity to contract requires being of legal age (18 in Delaware) and of sound mind. Contracts with minors (under 18) are voidable at the minor's option — the minor can disaffirm the contract before or within a reasonable time after reaching majority. Real estate transactions involving minors as buyers or sellers typically require court-appointed guardian involvement to ensure valid, binding contracts.
Related Delaware Contracts Questions
- A Delaware seller fails to disclose a known roof leak on the disclosure form. The buyer discovers it after closing. What are the buyer's potential remedies?
- What is an 'as-is' sale in Delaware real estate?
- What does it mean when a Delaware real estate contract is 'binding'?
- Under Delaware contract law, which party typically has the burden of proof in a breach of contract case?
- What is 'waiver' in the context of Delaware real estate contracts?
- Under Delaware contract law, what is necessary for a real estate contract to be enforceable?
- Novation in a real estate contract means:
- What is 'liquidated damages' in a Delaware real estate contract?
Practice More Delaware Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Delaware Quiz →