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can a 16 year old with only a permit go alone to an auto dealership

 

Customer Question

can a 16 year old with only a permit go alone to an auto dealership and trade in a vehicle then purchase another and make a promiss to pay a balance of $700 and never receive the title

 

Optional Information:
Country relating to Question: United States
State (if USA): Arizona

Already Tried:
dmv website and ask.com

Submitted: 284 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  Lady Themis replied284 days and 7 hours ago.

Thank you for your question.

An unemancipated minor generally does not have the requisite legal capacity to enter into a contract, and so any contract he does enter into is voidable by him. The 16 year old should be able to cancel this contract, if that is the intent. If the minor acts under the contract and becomes emancipated or becomes of age, the contract would at that point be ratified and enforceable.

I do my best to answer the question you have posted. I am not compensated for my time in answering your question unless you rate my service well. In rating, please bear in mind that I cannot control what the law is and whether it helps you. I can only tell you what the law says, and I assume that you want truthful information. I would be happy to answer any follow-up questions or provide clarification via the “Reply to Expert” tab on the following screen. Thank you.

Lady Themis41130.7261203704

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Category: Legal
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Accepts: 2828
Answered: 8/9/2012

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Customer replied284 days and 7 hours ago.

she purchased from a private party car was a lemon and she had to pay 500 to repair then went to dealership traded it in paid 3400 for it and received 1200 trade in value (they are selling for 3400 right now) then added 1000 cash and they said she needed 700 more in a few weeks gave her no bill of sale and no title, i cannot register it or do anything now sheis with her father in another state but only has permit car was purchased here where i am as the mother i went to dealership and said she is a minor and you cannot enforce so i told them i have proof of being her mother and insuring the vehicle and i need to have title and then put in my name in order to register then transfer to her and dad in california they told me to come back today will this work? she paid 3400 for the new car owing 700 more i told them i want no problems but they are selling the trade in for a profit of 2200 and shey should not have sold to a minor with only a permit is this correct

Accepted Answer

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Expert:  Lady Themis replied284 days and 7 hours ago.

A contract entered into by a minor is voidable by the minor, and generally her parent. The contract is not void, but can be voided by those parties. There is a slight difference there legally.

If you void the contract on your daughter's behalf, technically that would require return of her money in exchange for the vehicle. Therefore, I'm not sure what the transaction you are proposing to enter into would be proper.

Expert TypeLawyer
Category: Legal
Pos. Feedback: 96.5 %
Accepts: 2828
Answered: 8/9/2012

Experience: General practice experience in many areas of law

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