Money back for car bough with lien also I'm a minor

Matthew777234

New Member
So I just bought a car today, a Honda Civic 93 and the guy said everything on the car was clean. I purchased the car from him for $900 and later that night I found out that the car has a lien on it.
I am only 17 and he clearly knows I'm a minor. Is there any legal action I can take against him or maybe just get my money back. My name was also on the bill of sale if that helps. Please respond as soon as possible I'm kinda freaking out rn
 
Minors (those under the age of 18, in most states) lack the capacity to make a contract.
A minor who signs a contract can either honor the deal or void the contract.
There are a few exceptions, however, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
A minor can void a contract for lack of capacity only while still under the age of majority.
In most states, if a minor turns 18 and hasn't done anything to void the contract, then the contract can no longer be voided.
Take mommy and/or daddy and visit the adult who foolishly contracted with you.
You meet with Elmer Fudge, and state, "I'm a minor, incapacitated under the law to enter into a contract. I wasn't smart enough to know that, until mother and father informed me that I can void the contract. I am voiding the contract, returning your car, and demanding you return ALL of my money to me IMMEDIATELY. Should you refuse, I'll take you to small claims court and a judge will declare the contract be voided."

If Elmer Fudge refuses, don't argue, just serve him with a demand letter (samples abound and are on the California court websites) in the presence of mother and father. Of course, you've mailed him another original demand letter by certified or registered mail, return receipt requested.

Then you file your small claims lawsuit.
Actually, mother or father must file the lawsuit, and the demand letter must be under the seal (signature) of mother or father on your behalf.
Minors are legal incompetents, therefore unable to initiate lawsuits.

If you do get lucky and get your money back, don't buy another car until you become an adult.


CALIFORNIA
Although an individual may not be considered to reach an age of majority until a specific time under state law, a minor may engage in contracting for necessities and/or other items including employment. Once performance is made, payment shall be made either to or by the minor depending upon whether the payment or whether the benefits to the contract are received or given by the minor. A parent cannot collect a second time when payment has been made to a minor for a service such as an employment service when rendered. A minor may, however, repudiate a contract within a reasonable time after reaching majority. The recognized legal age in the state of California is eighteen (18) years or older. See the following Family Code Sections: 6500, 6501 and 6502.



http://smallbusiness.findlaw.com/bu...-your-contract-be-enforced-under-the-law.html
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http://www.witkin.com/pages/witkin_library_pages/outlines/SUMM/Contracts.pdf
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