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-   -   Can I minor buy a car from a private party in Calif (https://www.askmehelpdesk.com/showthread.php?t=432396)

  • Jan 6, 2010, 08:15 PM
    slbarney953
    Can I minor buy a car from a private party in Calif
    My grandson bought a car from a private party for $700.00. He is 17 years old, but does have a Calif. Driver license. The car is very beat up, the transmission went out on the way home, and I don't think there is any oil in the car. The person he bought it from signed the pink slip and gave it to my grandson. There was no bill of sale though. Is there any way to take this car back or do something legal to get my grandson's money back?
  • Jan 6, 2010, 08:27 PM
    Fr_Chuck

    Well yes and maybe.

    At 17 he can not sign a legal contract. So the sale of the car could be considered void.

    Did someone, parents or guardian, not know he was buying this ?
  • Jan 7, 2010, 07:53 AM
    slbarney953

    No, he didn't have permission. His parents are out of the country on vacacation, and I, the grandmother, is here staying with him and his sister.
  • Jan 7, 2010, 08:11 AM
    excon

    Hello s:

    Because your grandson cannot enter into contracts, the contract that he DID enter into to buy the car is illegal, as you've been told.

    Your grandson needs to inform the seller of that fact. If he can do it by telephone and get his money back, fine. If not, he needs to write him a letter telling informing him of the illegality of the sale and that if his money is not returned within 72 hours, he's sue in small claims court.. He should send the letter certified, return receipt requested.

    excon
  • Jan 7, 2010, 11:37 AM
    slbarney953
    Thanks for you reply. You do know that there was no contract. Just a trade of pink slip for money. He bought the car through Craigslist.com through a private party. There was no bill of sale or receipt. So, it is still an illegal transaction, correct??

    Thanks, sherry
  • Jan 7, 2010, 02:07 PM
    excon
    Quote:

    Originally Posted by slbarney953 View Post
    You do know that there was no contract.

    Hello again, Sherry:

    There WAS a contract - just not a written one... It goes like this. I'll trade you this, if you give me that. That's a contract. That's what a minor can't enter into. The contract will be obvious to the judge, because your grandson has the car and the seller has the money.

    excon
  • Jan 7, 2010, 02:32 PM
    slbarney953
    Ok, thank you so much. I will write up a letter and mail it to the address on the pink slip. I hope he lives there. He is not returning our phone calls now, but of course I figured that would happen. Also, the pink slip says "Salvaged" in the vehicle history box in the top right corner. It does have a current registration and the tags are on the car. And since you know so much about this... how do I fix my grandson's brain for not thinking or talking to anyone first?? Lol I'm never going to be in charge of him again... Wow, what a week..
  • Jan 7, 2010, 04:14 PM
    excon
    Quote:

    Originally Posted by slbarney953 View Post
    how do I fix my grandson's brain for not thinking or talking to anyone first?????

    Hello again, Sherry:

    You can't. But experience can. Let's hope he doesn't repeat his mistake.

    excon
  • Jan 7, 2010, 06:26 PM
    slbarney953
    I really hope not... Now he is telling me that someone else wants to buy it for $600.00. Is it okay to do that?? F
  • Jan 7, 2010, 06:32 PM
    Fr_Chuck

    Get it in writing, that YOU as his guardian are selling it for him, and make sure the bill of sales says, AS IS. California has some laws about being able to pass inspections also ( not up on them) but when you sale it, it is sold as is, and buyer is responsible for any inspections

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