Is sale final to minor in Texas?

[pyewackett]

What is the name of your state? Texas
My daughter bought a formal dress for $402.00 two days ago in Texas. I had told her not to make the purchase... she did anyway. I tried to return the dress -- with the receipt clearly maked "no exchange/no return"... they said they would not allow me to return the dress. My daughter is 16 years old... is this receipt binding? Or can I essentially void the sales contract as her parent?

 

[racer72]

A purchase and sales contract are two different things. 16 years olds can make legally binding purchasing decisions, your daughter did. You have no sales contract to void.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas
My daughter bought a formal dress for $402.00 two days ago in Texas. I had told her not to make the purchase... she did anyway. I tried to return the dress -- with the receipt clearly maked "no exchange/no return"... they said they would not allow me to return the dress. My daughter is 16 years old... is this receipt binding? Or can I essentially void the sales contract as her parent?

My response:

Was the dress altered to fit your daughter, or was it "off the rack" and she bought it with no further alterations?

IAAL

 

[pyewackett]

Dress

The dress is off the rack... has not been touched... not been worn... nor altered. When I originally asked to return it -- it had only been one day...

 

[I AM ALWAYS LIABLE]

Re: Dress

The dress is off the rack... has not been touched... not been worn... nor altered. When I originally asked to return it -- it had only been one day...

My response:

Then, she can return it. A minor can disaffirm their contracts prior to the age of majority as long as the item is returned in the same condition in which it was sold and received. She must tell the merchant that she's disaffiming the contract of sale, and she wants her money back.

If the merchant still refuses, your daughter can sue the merchant in Small Claims court, stating that her cause of action is to disaffirm, and does hereby, disaffirm the dress sale.

This will be a good lesson in Civics for your daughter - - that is, after you're done taking a belt to her little behind!

IAAL