43. 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
Answer: C
The contracts are voidable.
The contracts for the listing and sale of the property are voidable because the heir, who is not yet of legal age, has the right to rescind the agreements. Since the heir will reach legal age only within 30 days, they are not legally bound to the contracts made before that time.
A) fulfilled
This option is incorrect because a contract is considered fulfilled when both parties have completed their obligations under the terms of the agreement. In this case, the heir has not yet reached legal age, meaning the contract cannot be considered fulfilled.
B) executed
The term executed refers to contracts that have been fully carried out by all parties involved. Given that the heir is not of legal age, the contracts cannot be deemed executed since the heir has the ability to void the contract before reaching the age of majority.
C) voidable
This option is correct because the heir, being underage, has the legal right to void the contracts. Contracts entered into by minors are typically voidable at the minor's discretion until they reach the age of majority, which in this case is within 30 days.
D) executory
While the contracts may be in the process of being executed, they are not fully executory since the heir has the option to void them due to their age. An executory contract refers to one that still requires performance, but the key factor here is the heir's ability to rescind the agreement.
Conclusion
The correct answer is that the contracts are voidable, as the heir's lack of legal age grants them the authority to nullify the agreements. All other options fail because they do not account for the legal implications of the heir's age, emphasizing that the heir is not bound to fulfill the contract until they reach legal maturity.