Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards or, in case of the minor’s death within that period, by the minor’s heirs or personal representative.
ContractsDisaffirmance of Contracts
Section § 6710
If a minor makes a contract, they can cancel it either before they reach adulthood or within a reasonable time after. If the minor dies within that time, their heirs or representatives can cancel it instead.
minor contracts disaffirm cancel contract
Section § 6711
This law says that if a minor enters into an agreement because a law specifically allows or directs them to do so, they can't later back out of that agreement just because they're underage.
A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute.
minor obligation disaffirm express authority
Section § 6712
If a minor makes a contract while they're still underage, they cannot cancel it just because they are a minor if certain conditions are met. These conditions are: the contract is for the payment of essential needs for the minor or their family, those needs have actually been provided to them, and the minor made the contract because they weren't in the care of a parent or guardian who could support them.
A contract, otherwise valid, entered into during minority, may not be disaffirmed on that ground either during the actual minority of the person entering into the contract, or at any time thereafter, if all of the following requirements are satisfied:
(a)CA Family Law Code § 6712(a) The contract is to pay the reasonable value of things necessary for the support of the minor or the minor’s family.
(b)CA Family Law Code § 6712(b) These things have been actually furnished to the minor or to the minor’s family.
(c)CA Family Law Code § 6712(c) The contract is entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor’s family.
minor contract disaffirmed reasonable value
Section § 6713
If a minor sells goods and someone buys them without knowing there's a problem with the minor's right to sell, that buyer keeps the goods even if the minor changes their mind about the sale.
If, before the contract of a minor is disaffirmed, goods the minor has sold are transferred to another purchaser who bought them in good faith for value and without notice of the transferor’s defect of title, the minor cannot recover the goods from an innocent purchaser.
minor's contract disaffirmed contract goods sold by minor
