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Old 12-31-2015, 03:50 PM   #1
albertinhouston
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selling a bike to a minor

This guy bought a parts bike from me last nigt. I get a text from his mom stating he is a minor and she wants the money back. The bike is running and driving but no title thats why i say parts bike. It was clearly stated there was no title. Her issue is that he went behind her back and bought a bike, to be honest.
Does anyone know the law on this? She sent me something about minors and contracts. So there was no contract other than the BOS.
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Old 12-31-2015, 04:00 PM   #2
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Contracts (which is what you have) are not enforceable if a minor is involved. They can take you to small claims (Justice court) to get their money back. A contract can be as simple as, I'm giving you X amount of dollars in exchange for an item. That's a contract. The BOS is proof of your contract
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Old 12-31-2015, 04:07 PM   #3
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Contracts (which is what you have) are not enforceable if a minor is involved. They can take you to small claims (Justice court) to get their money back. A contract can be as simple as, I'm giving you X amount of dollars in exchange for an item. That's a contract. The BOS is proof of your contract
So how is a minor allowed to purchase anything at all if all purchases are contracts?
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Old 12-31-2015, 04:09 PM   #4
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So how is a minor allowed to purchase anything at all if all purchases are contracts?
They can buy the out of whatever they want, but they can also come back on the seller's too in court. Contracts with minors are not illegal, they're just not enforceable
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Old 12-31-2015, 04:13 PM   #5
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This is the legal definition: An agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.

You both agree to a price and the item to be purchased, that's a contract my friends
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Old 12-31-2015, 04:23 PM   #6
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Sorry...the mods disabled my sarcasm font.
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Old 12-31-2015, 04:23 PM   #7
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I don't see a bill of sale as a contract. It's like a contract but isn't a contract with terms. It's a receipt. If I was in your position I might be inclined to work with mom. For a fee.
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Old 12-31-2015, 04:25 PM   #8
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8c4d96c93b976c32bb44b3d62e871825

See that "much like"?
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Old 12-31-2015, 04:27 PM   #9
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I always thought the BOS was more for the seller's protection, anyway, in case the buyer did something stupid with an item that could be tied back to the seller.
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Old 12-31-2015, 04:45 PM   #10
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Sorry...the mods disabled my sarcasm font.
ah
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Old 12-31-2015, 04:47 PM   #11
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I had the same situation several years ago. I told the parent that there was no way I was giving the money back since I had no idea what had been done with the bike in the time it was out of my hands( kid had it hidden at a friends house and was riding it without a license for a month). My lawyer said that anybody can buy a motorcycle but they may not legally be able to operate it and that is not my problem.Told them to either contact my lawyer or sell the bike themselves. They sold it themselves.
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Old 12-31-2015, 04:53 PM   #12
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I had the same situation several years ago. I told the parent that there was no way I was giving the money back since I had no idea what had been done with the bike in the time it was out of my hands( kid had it hidden at a friends house and was riding it without a license for a month). My lawyer said that anybody can buy a motorcycle but they may not legally be able to operate it and that is not my problem.Told them to either contact my lawyer or sell the bike themselves. They sold it themselves.
You were lucky the parents weren't smart enough to take you to court. The law always takes the stance of what's in the best interest of the child, that's why that fuckstick "affluenza" teen Couch didn't go to prison for killing 4 folks while drunk driving.
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Old 12-31-2015, 05:23 PM   #13
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By minor are we talking under 16?
If someone looked too young than i would have not sold it too them in the first place without parents present. But at 16+, to me you are a young adult and make decision you have to deal with.
You should ask a lawyer on the subject and get legal advise.
If you sold it for a few hundred and think you can sell it fairly quick than taking it back might not be a bad idea so you dont have to get the courts involved.
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Old 12-31-2015, 06:05 PM   #14
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According to this website you are screwed.

http://www.doityourself.com/stry/leg...car-to-a-minor
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Old 12-31-2015, 06:07 PM   #15
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return the money less 20% restocking fee lol
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Old 12-31-2015, 06:19 PM   #16
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According to this website you are screwed.

http://www.doityourself.com/stry/leg...car-to-a-minor
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The problem is that a minor cannot legally enter into a contract until they reach the age of maturity. The age of maturity is typically 18 although some states regard this as being 21. Selling a car is a contractual agreement, even if cash is paid for the car up front it's still a contract. A minor is not allowed to enter into a contract which gives them the opportunity to void the contract whenever they want.

A minor can only enter into a contract for essential items including clothing, shelter and food. There is no way that you can safely sell a car to a minor.
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Old 12-31-2015, 06:45 PM   #17
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According to this website you are screwed.

http://www.doityourself.com/stry/leg...car-to-a-minor
He didn't sell a car. He sold a non titled parts bike
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Old 12-31-2015, 06:48 PM   #18
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Dude not trying to guilt trip or anything. But c'mon, I have denied sale to minors before. You will sell it again, unless you believe you won't be able to get the same price again? Set some stipulation and make it work w/ them directly.
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Old 12-31-2015, 07:13 PM   #19
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He didn't sell a car. He sold a non titled parts bike
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Old 12-31-2015, 07:19 PM   #20
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I'm going to give it back to them but for the sake of argument here's the story.
Put the bike on line as no title. kid called me said he wants to buy it and asked me if I can get it running. I did. He ask if I could deliver it, because he didn't want to lose any hours at work. I did
Should up at 9pm. Where he was he gave me money and i left.
It was really cold out there last night so the BOS went like this... I,albert, am selling a bike on 12-30-15 to left it blank.
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