Trading with a minor

[korupted]

Finally found the right place to post this, sorry for the other post. Anyway here it is




Dont know much about law, So I'm putting this under Bill of Sale (sense it was a motorized vehicle and bill of sales are involved with that)



Heres the story.


I have an ATV(All terrain vehicle, aka four wheeler, etc). I got on craigslist.com to sell it.

I put in an add, described it, ran fine, etc, lots of aftermarket parts, etc. Has my contact information in it. Later in the week I get a text message from a guy who wanted to trade his ATV + cash, to equal the value of my ATV. So I said sure. That sounds fine with me. So I take a movie of my ATV running, perfectly find, idleing by itself and all.

So we get a meeting time and I go to his town to meet him. I get lost. I tell him to meet me at the place I'm at, and I will follow him. So he did.

It was him, and his 25 year old cousin. I follow them back to their house and they test drive mine for 30 minutes riding it hard. They are satisfied. So the bill of sale is signed, and we trade. His atv + cash for my ATV.


Later that day I get a text message on my phone from him saying "You sold me a ^%*$ed up ATV."

I knew what was coming, He couldnt handle my ATV's power and wrecked it, and now is trying to play it off like I sold it to him broke... Keep in mind he test drove it for 30 minutes. Him AND his cousin


So I ignored his phone calls... His father started calling me leaving threatening voice mails, saying hes put in a shop a now will send me a bill, etc


Well a month later, I get a warrent for "trading an ATV with a minor"

Turns out he was 15.

So now.. What do I do.
I mean I never knew he was a minor, and the be honest, I didnt even know that was a law? Anyway, 3,300+ dollars is what I'm being sued for.


What in the world? Do I have ANY ground to fight on? My lawyer says I dont.


If thats true then whats stopping me from getting my little 14 year old cousin and say "Lets get free ATV's and money, I know a way how, lets trade with people, then sue them and get money and a free ATV by saying trading with a minor"


So is it true? Do I not have any ground to fight on and I will lose?

 

[jharris352]

When you enter into a contract with a minor the contract is "voidable" at the minor, or their guardian's option. You have no defense to that. So, if the Father wants to, he can bring back your ATV (in whatever condition it is in) and force you to return the minor's ATV and his cash and undo the deal. That is something that you have no choice about.

Now, if I understand this correctly, the father put the ATV in the shop and had work done to it and wants to charge you for the work. That is absolutely ludicrous.

Once the Father found out about the deal and did not void it with you (returning your ATV and demanding his and the cash) then, in my opinion, he RATIFIED the minor's deal. The deal is no longer with the minor but with the father.

You are absolutely not responsible for the repairs/upgrades they did to the ATV. If he indeed ratified the deal then the ATV is sold "as is" and his only option would have been to return it and void out the deal.

Just a warning. If the teen had dropped your ATV off a cliff and destroyed it, he still could have returned it and demanded everything back. He and his father can not put it in the shop and make you pay for the repairs.

 

[mightymoose]

You should just go to court on this one and let a judge hear it. If they want to undo the deal then your ATV needs to come back to you in the same condition you left it in. Let a judge even things out.