Can a parent sell a phone you bought with your money (I'm a minor)?

[Andrew (not a lawyer)]

Jurisdiction

California

There are many forums saying that they are legally allowed to and many forums that say they are not legally allowed to. In the state of California, is it legal for a parent to take my phone (or any possession I have legally obtained) that I bought with my own money? I understand the basic sense that parent guardians can temporarily limit or take away something from a minor until they turn 18 as long as it's reasonable (not excessive) and is an disciplinary action for the minor. So based on my understanding, they can keep it, safely stored until I turn 18 then they have to return it to me. The reason they want to take away my phone is because my dad has a big thing about privacy online and doesn't want me to have social media, use my real name, or share my location anywhere. My father wants to use the phone I payed for and the phone I pay the phone plan for, for himself. He says he won't pay me back. Is this legal?

Since its past the return date of the phone, I can't return it. Is it legal for him to sell it or trade it in without my permission?

 

[adjusterjack]

How old are you and where did you get the money to buy the phone?

 

[Andrew (not a lawyer)]

I am 15 years old. I am a soccer referee and make my own money from my job.

 

[army judge]

I am 15 years old. I am a soccer referee and make my own money from my job.

For hundreds of years of recorded human history, as well as US History, a parent(s) or guardian(s) have been endowed with the right to control, as in CONFISCATE every penny their minor child earns.

That right is alive in CA and the other 49 US States, plus her half dozen odd territories, too!

Now, let's dispatch the contract related dispute.

Minors, persons of unsound mind, and persons deprived of civil rights are not capable of contracting. (Civil Code section 1556.)

Read on to learn that the alleged contract you mentioned, is likely not to be a legal contract because of your legal disability, being a mere 15 year old, as in a minor "child".

Can a Minor Enter into a Contract?

Under what circumstances can a minor enter into a contract enforceable by the other party? Is it allowed if they are supervised by an adult? Can a minor enter into a contract to purchase a property for their parents?

Who can Enter into a Contract?

Generally, only individuals with legal capacity can enter into a contract. This means that minors, persons of unsound mind, and persons deprived of civil rights are not capable of contracting. (Civil Code section 1556.) However, under Family Code section 6700, a minor is permitted to enter into certain types of contracts. Excluded are contracts related to the delegation of power, such as a power of attorney, real property or any interest in real property, and personal property not in the immediate possession or control of the minor.

Can a Minor Enter Into a Legal Contract of Sale?

While a minor may enter into certain types of contracts, except as those provided above, in the same manner as an adult, the minor also has the power to disaffirm the contracts before he reaches the age of majority or within a reasonable time thereafter. In other words, even though a minor is permitted to enter into certain types of contracts, those contracts are generally voidable by the minor or a contract entered into by a minor is voidable. Thus, the minor can cancel the contract at any time before he reaches the age of eighteen or within a reasonable time thereafter. Generally, the minor is not required to restore any of the consideration he received under the contract. However, the minor is entitled to recover everything paid under the contract.

On the other hand, if a minor enters into a contract related to the delegation of power, real property or interest therein, or personal property that he does not control or is not in immediate possession of, then those contracts are void from the beginning. In other words, the minor does not need to disaffirm those contracts. Moreover, just as with voidable contracts, the minor is not required to return the consideration he received to enter into those contracts but is entitled to recover everything paid under the contract.

What Is the Legal Position When a Minor Enters Into a Contract?

The policy behind this law is two-fold. First, the Legislature wants to protect minors from their own carelessness and others who seek to take advantage of their naivete. Second, the Legislature wants to discourage adults from contracting with minors. Essentially, adults who enter into contracts with minors do so at their own risk.

Can a Minor Enter Into a Legal Contract in California?

Can a Minor Enter into a Contract?Who can Enter into a Contract?Can a Minor Enter […]

schorr-law.com

 

[adjusterjack]

How old are you and where did you get the money to buy the phone?

Given the information that Army Judge posted from the CA statutes, the money and the phone were never really yours so, no, once they revert to your parents, there is no give back unless they agree to give back.

my dad has a big thing about privacy online and doesn't want me to have social media, use my real name, or share my location anywhere

What are your chances that you can convince your father that you are mature enough not to do the things that he is concerned with?

My father wants to use the phone I payed for and the phone I pay the phone plan for, for himself

How do you pay for it? As you go or with a contract?

 

[Red Kayak]

The reason they want to take away my phone is because my dad has a big thing about privacy online and doesn't want me to have social media, use my real name, or share my location anywhere.

Act in a trustworthy way, and maybe you'll earn their trust.

Anyway, based on what you have expressed so far, you don't have a case.