Can Mary cancel the contract and recover the amount paid to Rebecca? Explain.

Can Mary cancel the contract and recover the amount paid to Rebecca? Explain.

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June 5, 2021
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Rebecca entered into a written contract to sell certain real estate to Mary, a minor, for $80,000, payable $4,000 on the execution of the contract and $800 on the first day of each month thereafter until paid. Mary paid the $4,000 down payment and eight monthly installments before attaining her majority. Thereafter, Mary made two additional monthly payments and caused the contract to be recorded in the county where the real estate was located. Mary was then advised by her attorney that the contract was voidable. After being so advised, Mary immediately tendered the contract to Rebecca, together with a deed reconveying all of Mary’s interest in the property to Rebecca. Also, Mary demanded that Rebecca return the money she had paid under the contract. Rebecca refused the tender and declined to repay any portion of the money paid to her by Mary. Can Mary cancel the contract and recover the amount paid to Rebecca? Explain.

Answer and ExplanationSolution by a verified expert

Explanation

Individual M entered into a contract with Individual R while being a minor. As a minor, Individual M has no right to disaffirm or ratify the contract. After reaching the age of maturity, Individual M made two more payments to Individual R and also ratified the contract. It shows that Individual M, after becoming an adult, has willfully decided to engage in a contract with Individual R. If Individual M disaffirmed the contract after becoming an adult and within a reasonable time, Individual M would have been able to get the recovery amount, which is not the case here.

Verified Answer

Individual M cannot cancel the contract and recover the money that has already been paid to Individual R since Individual M has ratified the contract even after reaching the age of maturity.

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