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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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My elderly mom and minor grandson went to look at a car, and

Customer Question

my elderly mom and minor grandson went to look at a car, and my mother ended up getting the money to purchase the car. well the car worked for maybe a week and we found out there are several problems with it. they came and picked up the car today and said they were gonna look at it. my question is whether or not the contract of purchase is legal because my grandson signed the paper as purchaser without his parent or guardians permission.
JA: What state is this in? And how old is the car?
Customer: ohio
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Please allow me several minutes to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Expert:  Dwayne B. replied 1 month ago.

A minor, which is someone under 18 years of age, cannot enter into a contract for anything other than the "essentials of life" such as food, medical care, etc. Any contract that they do enter into is void. However, that doesn't necessarily mean that your mother can get her money back because while the contract with the minor would fail it is likely the seller will claim that his name was listed on the documents as purchaser because both he and your mother requested that be done. Therefore while the contract with the minor would fail, an oral contract with your mother would still exist.

A court could decide this case in favor of your mother or in favor of the seller. So it certainly is not predetermined either way. But to have the contract declared void you would have to file a lawsuit to have the contract with your son declared void and then the dealer would file a cross-claim against your mother (claiming oral contract) and, potentially, against you under what are known as "equitable theories" meaning that in fairness someone should be responsible for the car since it was purchased by your son or your mother.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.