The heir to a large estate will be of legal age within 30 days. The heir lists for sale with a broker one of the properties held by the estate. The broker knows of a buyer for the property and sells it within 24 hours of listing, with closing to be in 45 days. Both listing and sale contracts are
The contracts are voidable.
In this scenario, the heir, being underage and not yet of legal age, has the right to void the contracts made for the sale of the property. Since the heir will reach the age of majority within 30 days, the contracts are considered voidable, allowing the heir to choose to affirm or rescind them once they are of legal age.
Contracts are fulfilled when all parties have completed their obligations as outlined in the agreement. In this case, since the heir is not of legal age at the time of the agreements, the contracts cannot be fulfilled as they lack the capacity to enter into binding agreements legally.
Executed contracts are those in which all terms have been fully performed by all parties involved. Here, the contracts are not executed because the heir does not have the legal capacity to enter into a contract until reaching the age of majority, making the execution incomplete.
Executory contracts are those where some obligations remain to be performed by one or both parties. While the sale is in progress, the contracts are indeed executory. However, the key issue is the heir’s lack of legal capacity, which makes the contracts voidable rather than simply executory.
In this case, the contracts for the sale of the property are voidable due to the heir's lack of legal capacity, as they are not yet of legal age. This means the heir has the right to rescind the contracts before reaching adulthood. The terms 'fulfilled' and 'executed' do not apply due to the heir's inability to legally enter into the contract, and while they are executory, the more precise status of the contracts is that they are voidable.
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