Generally, a person must be eighteen in Illinois to sign a contract. If a minor cosigns a vehicle loan with their grandparent, the loan agreement would not be enforceable against the minor cosigner until they reach the age of eighteen and ratify the agreement.

In Illinois, the general rule is that minors cannot enter into legally binding contracts since an agreement with a minor is voidable by the minor until they reach the age of majority (which is eighteen in Illinois). There are some exceptions to this general rule, as in cases of emancipated minors or contracts for the purpose of obtaining “necessities,” such as food, lodging, clothing, and education. However, “necessities” typically do not encompass a minor’s automobile, even if the minor uses the automobile to earn a living.

Although the minor’s obligation as cosigner is likely voidable by the minor, you still would be able to enforce the agreement against the grandparent who cosigns the loan, provided the minor and the grandparent are jointly and severally liable for the entire debt under the terms of the agreement. Additionally, it is possible that the minor will ratify the agreement after reaching the age of eighteen. A minor is deemed to have ratified a contract by making a payment, or even by failing to take any action to disaffirm the contract within a reasonable time, after turning eighteen.

For resources related to our guidance, please see:

• Dixon National Bank v. Neal, 5 Ill.2d 328, 336 (1955) (“It is well established that contracts of minors which inure to their benefit are not void, but voidable only at the election of the minor on arrival at maturity. . . . A minor may disaffirm a contract made by him during minority within a reasonable time after reaching his majority or, he may by acts recognizing the contract after becoming of legal age, ratify it.”)

• Illinois Code of Civil Procedure, 735 ILCS 5/2-619(a) (“Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. . . . (8) That the claim asserted against defendant is unenforceable because of his or her minority or other disability.”)

• Emancipation of Minors Act, 750 ILCS 30/5(a) (“A mature minor ordered emancipated under this Act shall have the right to enter into valid legal contracts, and shall have such other rights and responsibilities as the court may order that are not inconsistent with the specific age requirements of the State or federal constitution or any State or federal law.”)

• Fitzpatrick v. Ill. Dept. of Public Aid, 52 Ill.2d 218, 221 (1972) (“It has been established by this court that a minor’s estate may be liable for necessities furnished to the minor.”)

• Social Security Program Operations Manual System: Validity of Loans to Minors (“A loan with a minor is enforceable if it is entered into for the purpose of obtaining necessities; necessities includes items such as food, clothing, lodging, and education, but typically does not include automobiles, even if used to earn a living.”)

• Old Mut. Casualty Co. v. Clark, 53 Ill. App. 3d 274 (1st Dist. 1977) (“Since a minor has a right to disaffirm a contract for an automobile . . . the default judgment, entered November 8, 1973, made the contract void in its inception on June 12, 1970, as between William A. Clark and the seller.”)

• Fletcher v. Marshall, 260 Ill.App.3d 673, 675 (2nd Dist. 1994) (“A contract of a minor is deemed ratified if the minor fails to disaffirm it within a reasonable time after attaining majority. . . . Also, a minor ratifies a contract if, after becoming of age, he ‘does any distinct and decisive act clearly showing an intention to affirm [the contract].’”)