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.
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.
Is that helpful? Does this trigger any additional questions?
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
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.
It looks like Wisconsin requires parental consent for a minor to register a vehicle. This could be another option, but has several limitations.
Do you have any further questions?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).