Consumer Law, Warranties Comcast Contract/Agreement

[tommyminh]

When we moved to a different area in florida, my son who was 16 years old at the time signed for a home security contract that binds us for 36 months. We wanted to cancel recently as it's just taking us money and we didn't want to hassle with it in the beginning. He is now 17 years old. They have told us that canceling the contract will cause a early termination fee of $1000. Is there any way we can void this?

 

[disagreeable]

Not on the surface. You affirmed the contract and terms by making payments.

 

[army judge]

When we moved to a different area in florida, my son who was 16 years old at the time signed for a home security contract that binds us for 36 months. We wanted to cancel recently as it's just taking us money and we didn't want to hassle with it in the beginning. He is now 17 years old. They have told us that canceling the contract will cause a early termination fee of $1000. Is there any way we can void this?

Th mere fact that a child signed a contract, doesn't necessarily bind you to the contract.
Your minor child, as he is still a minor, can simply RESCIND the contract.
He should do so formally, and very soon.
You can't rescind it, he can.

You can also meet with a few local lawyers and discuss this matter with each one.
Normally most lawyers will meet with a prospective client the first time at no charge.
Most lawyers will write a letter rescinding the contract on your son's behalf for about $200.

The law in FL:

http://www.leg.state.fl.us/Statutes...ing=&URL=0000-0099/0095/Sections/0095.11.html

More information on contracts in FL:

http://www.floridabar.org/tfb/TFBCo...6a653200b74c8a2085257405007a3ac3!OpenDocument

Essentially the child must, officially and formally rescind the contract in writing.
You might want to simply have him sign a simple statement saying, something to the effect that he unknowingly entered into a contract at age 16, and as a minor lacked the ability to enter into contracts, being disabled to do so my his minority (as in he was only 16 years of age at the time the contract was signed, and as he is now only 17 years of age, and still a minor, he now wishes to exercise his lawful ability to rescind the contract and demand the monies -the consideration- he paid during the past XX months be returned to him forthwith, as required by Florida law) status.

This is also called "disavowing" the contract, or exercising his right of rescission.

That is the risk taken by all who don't do due diligence before contracting with any and everyone.

Nonetheless, under your state's law, all monies paid should be immediately returned to him if he (acting through YOU) do this correctly.
Remember, you can't, and he can.

Can a minor enter into a legally binding contract?

Yes. In general, though, a contract that an unemancipated minor (person under the age of eighteen) enters is "voidable." That means that the minor can get out of ("disaffirm") the contract at any time before he or she is eighteen without any penalties. As long as the minor wants the contract to continue, however, the contract remains valid and is legally binding on adults involved in the contract.

Because it is easier for a minor to cancel a contract, many people are hesitant to do any kind of business with a minor that involves a contract and future payments, like a rental agreement or the sale of a car.

Are there any contracts that are always binding, even on a minor?

• A minor is bound by a contract for necessaries. Necessaries is a vague term that has no set definition, but generally food, medicine and medical care, clothing, and shelter have been considered necessaries. There might be other expenses that would be considered necessaries.

• A minor at least 16 years of age cannot disaffirm a contract for an educational loan if the educational institution has certified in writing to the person making the loan that the minor is enrolled or has been accepted for enrollment in the educational institution.

• If a guardian makes a contract on behalf of a minor that is otherwise valid and within the authority of the guardian to make, the minor cannot disaffirm the contract. The guardian can be required to fulfill the contract.

What if an adult makes a contract with a minor because the minor claims to be over eighteen?

If a minor lies about his or her age when signing a contract, and the other person had good reasons to believe that the minor was capable of making a contract, the minor will not be allowed to cancel the contract.

Is a contract made by a person when he was a minor binding after he turns eighteen or becomes emancipated?

Once a person is emancipated or turns eighteen, he or she has to cancel the contract within a reasonable time or he or she will be bound by it in the future.



What if a minor signs a contract and then cancels it before the contract is complete?

If this happens, the minor must return any money or property still in his or her possession that was received through the contract. If the property or money is destroyed or spent, the minor is not required to replace it.

For example, if a minor signed an agreement to purchase a car, and took and used the car but never paid for it, he or she could cancel the contract at any time before turning eighteen or becoming emancipated, but would have to return the car. If the car was destroyed in an accident before the contract was cancelled, the minor would not be responsible for replacing it.

What if an innocent third party would be harmed if the contract were voided?

A court might not allow a minor to void a contract if doing so would harm an innocent person who is not involved in the contract.


http://sylaw.org/uploads/Contracting.rtf

 

[fredrikklaw]

COMCAST contracts with a minor?

Tommyminh:

Yes, you can void the contract completely; well your infant son can, without the fear of being on the hook for the $1000 early termination fee or being hauled into court by COMCAST for (let's say)breach of contract.

Either your son really does look to be over 18 years of a age, plays the part of an adult very well, or the COMCAST sales force need a refresher course in basic laws of contracts, since it is a well known business fact that you contract with a minor at your peril. Even if the minor had used deception in the determination of his age in order to procure the contract, the onus is always on the selling party to determine the buying party's ability or power to enter into a contract.

Whatever the case here, the egg is on COMCAST's face for contracting with a minor, a contract which the minor can simply void without fear of legal retribution as long as all equipment (if any) are returned and monies paid if the contract involved sales of goods. Now, U.C.C. defines GOODS as "all things that are moveable at the time of identification to a contract for sale" and courts over the years have held differently as to whether a signal transmitted via cable is considered GOODS or not, as well as varying adoptions of the courts' holdings by different states.

But even if the service provided to you by COMCAST is considered by your state to be GOODS, you are still free to void the contract since you have been paying for the service to date which leaves you only with the task of returning the equipment, which is an absolute must here, because a minor who voids a contract but does not return the goods, can face criminal charges.

frerikklaw