Minor signed for buying car that is a lemon

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Sandy1023

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My daughter bought a car yesterday from supposedly a private seller. My daughter is 17, she will be 18 in less than a month. The seller had it on craigs list and listed it as 2000 Toyota Camry with 126000 miles. We went to look at it yesterday and my daughter test drove it and gave her 3000.00 cash for it and got a reciept, and title that both her and seller signed. I noticed that the title states 1999 and mileage was at 138000. Also she had stated to my daughter that she was the only owner and only had a minor accident, but the tittle states "reconstructed". My daughter and I went today and registered and insured it. We went to get it inspected and it did not pass. It needs two new tires a head lamp cover due to a crack and a license plate light. I want to get my daughters money back, due to the fact that she is a minor. I sent a text message to the seller but have yet to hear back. What is my next step if she refuses or does not get back to me.

Thank you,
Sandy
 
Replace the tires, the headlamp cover and a license plate light.

Next time Princess wants to purchase a car, take it to a trusted mechanic before handing over any money.
 
In Massachusetts, the seller is responsible for making sure that the car can pass inspection. She may not have to give your daughter her money back but she does have to see that it can pass inspection, so SHE would be the one on the hook for the cost of the tires, headlamp cover and license plate light.

I don't know off the top of my head who oversees this or to whom you would make the report if she fails to do so, but I'll see if I can find out if no one else knows.

ETA: Okay, I checked. You CAN request a refund if it fails inspection within the first 7 days after purchase.

http://www.dmv.org/ma-massachusetts/buy-sell/state-regulations.php

http://www.mass.gov/ago/consumer-resources/consumer-assistance/93a-demand-letter.html
 
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SANDY1023...

It is a well settled rule of law that an adult person contracts with a minor at his or her peril since the minor has the power to DISAFFIRM a contract he has entered into at any time until he reaches the Age of Majority (adulthood) on his 18th birthday and even for a REASONABLE time after his 18th birthday and such contracts are known as VOIDABLE, meaning that it can be invalidated by choice by the minor within the time frames stated.

So don't fret too much over getting a response from the seller-lady by pursuing her till the ends of earth; make a last but formal request for return of the $3,000 and taking back the car in a letter which you should then send via First Class U.S. Mail, postage prepaid with return-receipt provision added, in which you give her a reasonable amount of time to DO the act required of her by operation of the law. If she still refuses to play ball, then you simply commence legal action and have it removed immediately from Small Claims Court to your locale's equivalent of Superior Court because the small claims courts are simply not equipped to preside over a case such as this. Because as you may well know, small claims cases are simple meat-and-potato cases where frills such as attorneys, witnesses, evidence, depositions and some are not permitted.

Now, the lines regarding contracting with minors litigation are drawn very heavily in favor of the minor since the law (and society) take a very dim view of such transactions for the main obvious reason that the minor is ripe for being taken advantage of by the adult contracting party; the law basically punishes the adult for doing business with a minor, so it is almost a foregone conclusion who the prevailing party would be (except in a handful of situations when the minor is considered to be an adult and without power to dis-affirm), but I would still refrain from harping on about the wheels and the headlights on the car. Just stick to the argument that the contract is voidable and the party with the power to void is your daughter.

Lastly, if you were to proceed against this lady as if you had purchased the car, you can use another well settled law against her, and that is the absolute requirement that a party selling a vehicle, be it private or commercial seller, should include with the a smog certificate with a date no longer than 90 days prior to the date of sale.

But proceeding on the minor argument is your bestest and surest way of prevailing in this case.

fredrikkaw
 
Thanks, but she is no princess. Just for the heck of it let me tell you something. She lost her father to brain cancer at the age of nine. Thank god I have a professional career to sustain my family and home right? Then three years after my husband died I had an accident that keeps me from working. Life has never been easy for her, but yes, maybe inexperienced. She was failing school for two years after her fathers death, but when she entered high school she made me so proud. She has succeeded beyond my hopes and just graduated with an 3.5 gpa and is going off to college in the fall to peruse a nursing degree. I am very proud of her. Her father was an operations manager for a very busy ambulance company, and I am a third generation nurse in my family. She needed a car to commute to her full time job as a nursing assistant at Emerson health card for the summer to earn money for her books for school.... Tomorrow she will be looking for a private loan in the amount of 20,000 dollars to get her through her first year. I understand what you are saying but I just had to maybe arouse some empathy.

Her loving mother
 
Thank you so much for replying. I will take you advice and send a formal letter requesting her money back. Should I request or should she write the letter in a couple of weeks when she turns 18. This is money that was set aside for her after her fathers death and I just feel so bad that I let this happen. It's all the money she has. She was counting on this car to get her to her full time job over the summer. She needs to get together about $1000.00 just to cover her books for college in the fall! She has not had it easy and I suppose this is just another major obstacle that we will work to overcome. Is there any advice for wording of this letter? Also you mentioned going above small claims court, what does this mean? I have no idea anything about what to do, but I am willing to help her all I can to make it right. Thank you so much, I really appreciate your help.

Sandy
 
Thank you for replying. I just wanted to state that what I understand the law in mass to be is that a private sale ( meaning selling less than 4 cars in 12 months) is obligated to have the car pass inspection with no more then 10% of sale price in repairs, or the buyer has the right to void the sale for a full refund minus a certain percentage for gas mill age.
 
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