Legal Question in Civil Litigation in California

Re: a minor signing a legal document

The right to rescission belongs to the minor not to the adult. So, the horse is yours, unless you change your mind. Keep in mind that if you keep the horse after you turn 18, you may lose your right to rescission on a waiver theory. Interestingly, a famous case very similar to these facts was tried by Abraham Lincoln.

If the purchaser is dumb enough to buy from a 17 year old, the same principle applies, so that you could change your mind and rescind that transaction as well (but you would have to give the purchaser his money back).

So, how does one legally do a transaction with a minor? A: The transaction is legal, it is just rescindable.

How does one do a transaction which is not rescindable? A: The minor would have to have their legal guardian (parent) sign along with the minor's signature. A note by the legal guardian stating that they are the legal guardian or parent of the minor child and that as such they agree to be bound by law to the transaction would also help, but is not necessarily required.

Re: a minor signing a legal document

Let's see. You sold a horse, and now you want to sell the horse you no longer own to someone else? You'll have a little problem delivering the horse to the second buyer without getting arrested on grand theft and fraud charges brought by the current owner.