How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Matt K Your Own Question

Matt K
Matt K, Attorney
Category: Legal
Satisfied Customers: 16
Experience:  Legal professional with exposure to civil and criminal law, with significant contract experience and court room observation.
72401259
Type Your Legal Question Here...
Matt K is online now
A new question is answered every 9 seconds

Minor child purchased a car that died in 2 days the check

Resolved Question:

Minor child purchased a car that died in 2 days the check has not yet cleared my account. I signed the check child received bill of sale, no titlle yet. Can I stop pmt on my check and insist he take the car back.
Submitted: 11 months ago.
Category: Legal
Expert:  Matt K replied 11 months ago.

M Kuschel :

Dear Customer:

M Kuschel :

You likely may cancel the check. First, most states have statutes that permit minors to cancel any contract. Some states only allow this option if the other party, in this case the seller, took advantage of the minor. It sounds like this could be similar to your situation. If the car was purchased and titled in your name, then this may not be available. However, if you were simply financing the vehicle for your minor child then the minor is more likely to be considered the buyer and the exception would apply. If the exception applies, then your minor child can cancel the sale and return the vehicle to the seller.

M Kuschel :

Second, the transaction is not complete as you indicated there was no transfer of title. There can be special rules for motor vehicles, but under general principles of sales law the "tender of delivery" may not be considered complete. Not only do you not have title to the vehicle, but it was also not in a conforming nature. You likely expected to buy a vehicle that ran (any questions you asked the seller would be helpful here) and instead got a dead vehicle. Thus even if you were considered the buyer or the minor-contract avoidance exception failed, you could argue that the seller did not tender delivery of a conforming good.

M Kuschel :

Is that helpful? Does this trigger any additional questions?

Customer:

I was indeed simply borrowing him the money, I am certain he was taken advantage of. We do not even have a title in order to register it or title it in anyones name. I have removed all money from account and contacted my bank to stop pmt on chk, so my son now needs to tell this dude forget it, or is the parent allowed to follow this up being that the minor made the contract

M Kuschel :

Either person may contact the seller. From a strict legal perspective, if the seller tried to argue that your contact did not void the contract you could respond that as the parent of the minor you are his agent and thus the communication is valid. But I don't see a court really questioning a parent communicating on behalf of a minor. However, there would be less legal risk if the minor contacted the seller to revoke himself - and it might build some character and life experience to boot.

M Kuschel :

It looks like Wisconsin requires parental consent for a minor to register a vehicle. This could be another option, but has several limitations.

M Kuschel :

Do you have any further questions?

Matt K, Attorney
Category: Legal
Satisfied Customers: 16
Experience: Legal professional with exposure to civil and criminal law, with significant contract experience and court room observation.
Matt K and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.