OREF 112: Can You Waive the 18+ Interpreter Requirement for a 14-Year-Old?

Q: I noticed in OREF 112-Translation Interpretation Services Affidavit that item (b) states that the interpreter must be at least 18 years old. My buyers’ choice of interpreter is their daughter, who is 14. Can we add language to item (k) stating that the buyer waives the requirement for the interpreter to be 18 or older?

A: The short answer is no. The sale agreement is a legally binding document with language that requires maturity to fully understand and describe. This is one reason for the age requirement in OREF 112. Another reason is that the age of majority for most Oregon contracts is 18: this Affidavit would have no value if signed by a minor. The Sale Agreement also includes language indicating that the buyer has fully read and understands the agreement. A minor trying to describe the terms to someone else could easily misunderstand and, therefore, misinterpret one or more of the clauses, potentially making the agreement non-binding on the buyer. Explain this to the buyer and encourage them to find another, older interpreter. If they cannot identify someone, best practice would be for them to hire a competent interpreter or for you to refer them to an agent who speaks Spanish.

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