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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
