Legality question re: contracts

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AnnShh

Well-known member
Joined
Jan 31, 2009
Messages
312
Location
VA
Here's the situation.

Almost 5 years ago I bought a horse. I was a minor (14 years old). I signed the bill of sale and my boss cosigned as my "agent" (she is no logner my boss). My parents didn't sign anything. I have always been considered the owner of the horse and I pay for everything excluding vet/farrier bills.

I need to know who is legally the owner of the horse. I am no longer a minor (19 y/o). Am I legally the owner of the horse even though I was a minor when signing the bill of sale since someone cosigned with me? Are my parents legally the owner (even though they are not associated with the contact in any way and were not the ones to sign it)?
 
I know on a car, and I think a horse is considered property in the law, that a cosigner is used to guarantee a loan on the car will be paid, if the loan goes into default then the cosigner is gone after for payment. The cosigner is not a legal owner.
 
I know on a car, and I think a horse is considered property in the law, that a cosigner is used to guarantee a loan on the car will be paid, if the loan goes into default then the cosigner is gone after for payment. The cosigner is not a legal owner.

I know that the cosigner (in this case my previous boss) is not the owner. The question is whether I am legally considered his owner even though I was a minor when I signed the bill of sale.
 
The horse is yours.

The older of the defense of "Minor in Contract" is not other party (non-minor), but you. So, that you were a minor when you made a contract is irrelevant. Had the other party of the contract tried to claim that the title did not pass to you, there has to be other arguments and NOT a defense of "Minor in Contracd" which belongs to you. Most contracts that a minor enters are "subject to disaffirmance." I say "most" because necessity to life, such as food, shelter, clothing cannot be disaffirmed with this defense. This means that while you are under 18 and for a reasonable time thereafter, you may be able to avoid any obligation created by the contract
These are for your information, and you don’t need to worry about it in this situation because here, the issue is NOT your trying be out of the contract obligation (payment, etc that the contract obligates you in the content), but your wondering the title of the horse.
The title is yours as the contract says. That you were a minor when you made a contract is irrelevant. Had the other party of the contract tried to claim that the title did not pass to you, there has to be other arguments and NOT a defense of "Minor in Contract" which belongs to you.
 
It's good to have knowledgeable friends on the forum!!! :thumbsup:

Yes, very good!

hkk- thanks for the info! My boss (different from the one in the original post) wanted to know whether my parents or myself were the owner, because that would determine who needs to sign some other contracts.
 
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