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

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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.

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?

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