I don't know if this site is a good source but according to this you must repay the full amount even if the kid wrecked the car.
The full amount cannot be proven since he paid with cash. You could try offering a little less since it has been three weeks.
neanderthal dream wrote:
how does that work? wrote:I don't really understand this. Kids buy things all the time. How does any retailer ever sell anything to anyone under the age of 18? Should Qdoba have to card everyone who buys a burrito to make sure that they aren't entering a contract with a minor?
This is what frustrates me. The kid knew a lot about cars and knew exactly what he was doing. There's no minimum age to purchase a car, like there is with guns. I never would have thought the law would treat a minor so irrationally in this case.
This question has been in my head since I've been following this thread today. Which purchases are considered simple 'sells' and which are considered as 'entering a contract'?
Also, it's less than one thousand dollars. Just pay it.
You were pretty stupid with your initial sale of the car, which seems like you were trying to make a quick buck without doing your due diligence to make sure it was a legal sale. YOU ENGAGED IN A SALE THAT YOU ARE NOT SURE IS LEGAL. Now you are trying to skirt a potential lawsuit that most likely will cost more than the value of the car.
Maybe the dad is being a jerk. Maybe the kid wrecked the car. But you were an idiot initially with the sale of a car that probably was on it's last legs. Frankly, you deserve whatever you are getting here, whether it is a repayment of your sale or the lawsuit, because of your missteps with the sale of the car.
Take responsibility for your mistake (like any real man does), take back the car, and consider this a lesson for the future. Even if it is wrecked, you can get a few hundred bucks from the wrecker. Mark it down as a sunk cost.
Which state allows 15 year old kids to drive anyhow?
vivalarepublica wrote:
YOU ENGAGED IN A SALE THAT YOU ARE NOT SURE IS LEGAL.
The sale was legal.
It's just that a minor can void a contract.
Best advice from that one article:
"The law is designed to protect minors and this means that you should never ever sell a car to a minor."
And you can buy a car without having a license so a 15 year old can buy a car.
Easy way to go - you should never ever sell a car to a minor.
From a legal standpoint you are in the wrong, from a practical standpoint I would tell them to go f uck themselves, or hardball them for a partial refund if you feel like hassling with selling the car again and are ok with the high risk that there is something seriously wrong with it that they now know about. Nobody is going to go through all of the trouble to sue you over a few hundred dollars, and they can't prove anything about the transaction. Even though the law is technically on their side, they are acting in bad faith because they don't want the car for whatever reason now. Get real.
ALL transactions with minors are considered legally VOID. I suspect you will lose. If you lie and say the dad was present, you will likely get caught in the questioning because it's hard to have a perfect lie. And.... If you go to court, the plaintif will likely be awarded money for the hassle of the process when you lose.
I don't see any good scenario for you. But, if you go for it, let us know.
If you gave him a "great deal" then why not just take the car back and give him back his money? You can probably sell the car elsewhere for more if it was a "great deal".
Mixed opinion wrote:
And.... If you go to court, the plaintif will likely be awarded money for the hassle of the process when you lose.
In small claims court? I don't think so. The sale price is the max he stands to be awarded.
pr100 wrote:
If you gave him a "great deal" then why not just take the car back and give him back his money? You can probably sell the car elsewhere for more if it was a "great deal".
1) The money went to student loans and I don't have it.
2) It's not worth the hassle and I'm happy to have it gone.
I'm offering to take it back at a discount, otherwise he can take me to court.
Star wrote:
And you can buy a car without having a license so a 15 year old can buy a car.
You cannot register a car if you are a minor.
mdvf9-n2937 wrote:
Everyone who thinks the kid totaled the car raise your hand
+1
+1. That was my first thought when I read this...well, after my other first thought that it was a troll thread.
wish he would stop wrote:
mdvf9-n2937 wrote:Everyone who thinks the kid totaled the car raise your hand
+1
+1. That was my first thought when I read this...well, after my other first thought that it was a troll thread.
Nah it's probably not totaled but there's something major wrong with it now. Buyers remorse. Find out the shape of the car and then offer 'em something appropriate ie buy it back.
Act like you're in the mafia and that he will have some serious problems if he doesn't just keep the car and walk away.
What?!?!! A skinny-arse runner as a mafioso? Ummm, won't work.
mdvf9-n2937 wrote:
Everyone who thinks the kid totaled the car raise your hand
+1
I made an offer to buy the car back at a discounted price and they agreed. They failed to mention till I got there that the car had quit running.
We are going to court.
There's no way it's worth your time or money to go to court. You apparently can't win in court anyway unless you're ready to lie. Cut your offer in half and negotiate until you reach an agreement. Then send a scrap yard over to tow it out to pasture. You'll get some cash back.
I am curious if the Dad titled it since they've had it for so long. If you have the VIN, you might be able to check on your DOT website.
OR
Judge Judy. This sounds like it's right in her wheel house.
Judge Judy (JJ): You sold a car to an underage driver, without the parents being present or their knowledge, and you let the unlicensed minor test drive it?
neanderthal dream (nd): Yes I did. But I only let him drive it in his driveway.
JJ: And now the parents want their money back? And you get your car back?
nd: Yes, and yes. I am in the right. The kid really wanted my car.
JJ: But you don't want to do that because the car doesn't work anymore?
nd: Damn right! The car is kind of iffy, lovely Ms. Judy
JJ: This one is easy.
nd: I get to keep my money, just like I thought.
JJ: No, you give them all their money back, you keep your dead car, and you get to spend the next 30 days in jail.
mdvf9-n2937 wrote:
Everyone who thinks the kid totaled the car raise your hand
+1
My hand is up.
Judge Judy wrote:
Judge Judy (JJ): You sold a car to an underage driver, without the parents being present or their knowledge, and you let the unlicensed minor test drive it?
neanderthal dream (nd): Yes I did. But I only let him drive it in his driveway.
JJ: And now the parents want their money back? And you get your car back?
nd: Yes, and yes. I am in the right. The kid really wanted my car.
JJ: But you don't want to do that because the car doesn't work anymore?
nd: Damn right! The car is kind of iffy, lovely Ms. Judy
JJ: This one is easy.
nd: I get to keep my money, just like I thought.
JJ: No, you give them all their money back, you keep your dead car, and you get to spend the next 30 days in jail.
Haha nice.