Selling of property by a minor

[tbaroda]

My son was given a bike by a neighbor kid who told my son he could have it my son said have it have it like forever, the kid said yes he did not ride it anymore. My son asked him again if he could have it have it and the kid said yes. My son had the bike for a week or longer. Another kid came to my son and told him he would give him $20 for the bike, my son said ok. now the dad of the neighbor boy is mad that he gave his bike away so he called the cops. My first problem is the cop talked to my son without my knowledge or presence, my son is 13. He told my son that it is against the law to sell property that was not his and my son told him that this kid gave him the bike. The cop said well that kid is saying he let you use it. There is no proof of the transaction that went on between these kids. They went to the other kids house who bought the bike off of my son and took it. Now the cop is telling my son he has to pay that kid back his $20. This is the way I feel. There is no proof that the neighbor kid owned that bike, it was not registered. I believe it was that kids mistake for giving his bike away. The kid that bought the bike approached my son and offered him the money and that was a mistake on his part for buying it. My son even told him who he got the bike from. Can anyone give me any advice before I talk to the police? Keep in mind this is just a boys bicycle not a motorbike or anything like that.

 

[CdwJava]

What state are you in?

My son was given a bike by a neighbor kid who told my son he could have it my son said have it have it like forever, the kid said yes he did not ride it anymore.

How old was the other kid? Little kids do that all the time ... I would never permit my child to keep a bike or other significant item "given" to him by anyone unless I checked with the parents' first - you never know when the child is just acting like ... well, like a child.

now the dad of the neighbor boy is mad that he gave his bike away so he called the cops.

I can't see that there is much the cops can do as no theft technically occurred ... unless there was a different story related to the cops.

My first problem is the cop talked to my son without my knowledge or presence, my son is 13.

Perfectly legal. No state I am aware of requires the police to contact a parent when they want to speak to a child.

He told my son that it is against the law to sell property that was not his and my son told him that this kid gave him the bike. The cop said well that kid is saying he let you use it.

Ah! So, the story as related to the cops DID change ... instead of him giving it to your son, now he let your son "use" the bike.

This is a perfect example of why a parent should affirm this before permitting it. Once the other child found out he was in trouble, if he HAD said that your son could "have" the bike, he is now going to mitigate his own circumstance by telling dad that he only said your son could "USE" the bike. I've seen this more than a few times over the years.

Can anyone give me any advice before I talk to the police? Keep in mind this is just a boys bicycle not a motorbike or anything like that.

What are you going to ask for from the police? They are not going to go back to the other people and take the bike back, so that's out. They aren't going to pay you $20. Whether the matter is civil or criminal is questionable.

And unless you were actually present during the exchange between the two kids, you really don't know who said what about whether the bike was given away or borrowed. Hopefully the bike was a junker and not worth $100 or more, or the story becomes even less credible ... the police might have asked themselves who would sell an expensive bike for $20?

I suppose they could have made the matter criminal, seized the bike as evidence, and brought everyone to court ... would that have been a better idea?

You may want to voice your concern about the way the police might have handled the situation, but I don't see that they did anything wrong here.

- Carl

 

[tbaroda]

I live in Michigan. The other kids are around 11, 12 years old. The problem with talking to this parent is he is a single dad that runs a drug house. This is why I did not feel comfortable talking to him. I was told by a number of people to stay away from him and even the police know him. The police told me the kids are never supervised and it would be best for my son to stay away from them. I would have under any other circumstance talk to the parent. This parent is different. What happened, happened and I guess my son can only learn from it, but I do not feel I am teaching my son to stick up for himself if we just pay the money back. He did not feel what he did was wrong and what about the kid who bought the bike off of my son. Should he learn a lesson about buying things of other kids? and what about his mom why would she just let her kid buy a bike off a kid without talking to that parent? I did find out that the cops can talk to my son without me and that is fine. Considering that bike sat on my property for 3 weeks means to me that the boy was not to concerned with it. If something is given to me I assume it is mine to do with what I please. I may have done the same thing if I was under the impression i own this property. Thanks for your advise.

 

[CdwJava]

I live in Michigan. The other kids are around 11, 12 years old. The problem with talking to this parent is he is a single dad that runs a drug house. This is why I did not feel comfortable talking to him.

Understandable. But, that doesn't help the situation here.

What happened, happened and I guess my son can only learn from it, but I do not feel I am teaching my son to stick up for himself if we just pay the money back.

What you CAN teach him is that he shouldn't just take something from another child without first confirming that it is okay with an adult. Consider it a lesson in responsibility.

You really have no other option unless you want to take the kid who gave the bike to your son to small claims court (and the filing fee would likely exceed the $20).

Should he learn a lesson about buying things of other kids? and what about his mom why would she just let her kid buy a bike off a kid without talking to that parent?

I wouldn't knowingly allow my kids to buy or sell anything to or from another child without my explicit permission. A bike is a little more substantial than a Yugi-oh card. Oh, and we have had to return those when younger children "traded" these away to my slightly older children.

Considering that bike sat on my property for 3 weeks means to me that the boy was not to concerned with it. If something is given to me I assume it is mine to do with what I please. I may have done the same thing if I was under the impression i own this property. Thanks for your advise.

But, you can see how quickly things can change. When the other kid's dad asked about the bike, the giving kid had to come up with a story and that was that he only let your son borrow it. These things have a way of coming back at you even when it i not intended.

So, just what was the value of the bike? Was it a $20 junker, or was it better than that?

- Carl