Signed contract for car as minor

[Eternally Lost]

Florida- We bought a car as -is from a used dealer. Long story short I was 17 at the time and my mom never signed the paperwork. Only I did. The car started breaking down roughly two weeks after we bought it and now we have found from 3 different mechanics that the electrical damage is so extensive that the car isnt worth fixing and may not be safe to drive. The damage was done before we bought it and the "mechanics" at the place we bought it were the cause of some of the repairs made to the car. Was this a legal transaction since I was only 17? What are my options?

 

[I AM ALWAYS LIABLE]

Florida- We bought a car as -is from a used dealer. Long story short I was 17 at the time and my mom never signed the paperwork. Only I did. The car started breaking down roughly two weeks after we bought it and now we have found from 3 different mechanics that the electrical damage is so extensive that the car isnt worth fixing and may not be safe to drive. The damage was done before we bought it and the "mechanics" at the place we bought it were the cause of some of the repairs made to the car. Was this a legal transaction since I was only 17? What are my options?

My response:

If you're 18 or over now, then you "affirmed" the contract, and the car is now yours. It's a done deal.

IAAL

 

[Eternally Lost]

I thought that for a contract signed by a minor to be ratified there had to be some sort of condition or action to be taken. For example: If i signed the contract at 17 and agreed to a financing and abided by those terms up until and after I turned 18 then it was ratified and therefore binding. But since in this case there were no terms is it still ratified? I mean my mom didnt sign the transfer of title or anything, I did. I have studied a little bit on this subject but i dont know all the specifics yet.

 

[I AM ALWAYS LIABLE]

I thought that for a contract signed by a minor to be ratified there had to be some sort of condition or action to be taken. For example: If i signed the contract at 17 and agreed to a financing and abided by those terms up until and after I turned 18 then it was ratified and therefore binding. But since in this case there were no terms is it still ratified? I mean my mom didnt sign the transfer of title or anything, I did. I have studied a little bit on this subject but i dont know all the specifics yet.

My response:

You affirmed and ratified the contract by keeping the car. Had you disaffirmed the contract, in writing, prior to your 18th birthdate you would have been able to void the contract. But, you didn't. The contract is subject to disaffirmance for lack of contractual capacity . . . unless thereafter ratified at a time when the party has contractual capacity.



IAAL

 

[fronty]

In Florida, you attain legal capacity at the age of 18. How long has it been since you turned 18? The contract doesn’t automatically get ratified when an infant (legal term for persons under the age of 18;not derogatory) turns 18. There are two ways for a contract to become ratified when you attain capacity, express or implied ratification. An example of implied ratification would be if you kept paying for an apartment for several months after the age of 18. By merely turning 18 and keeping the car for a few weeks, doesn’t automatically ratify the contract. You may still be able to disaffirm the contract if it hasn’t been that long since you attained capacity, especially since you have been having problems with the vehicle. Since you didn’t have (legal) capacity, you wouldn’t be expected to know that you should have gotten a mechanic to inspect the vehicle before purchase. The used car dealership entered into the contract at their own risk. The law allows you to disaffirm a contract within a reasonable time after reaching majority. If you are going to act, I would do it as soon as possible.

Disregard all of the above statements if a significant amount of time has elapsed since you attained capacity

 

[Eternally Lost]

what is the definition for a "reasonable amount of time"? My birthday was April 12. So it has been a couple of months. We've tried contacting a lawyer to get a professional opinion on this but they never gave us a definite yes, no, or maybe and then wouldnt return my calls. Basically we assumed that because we bought the car as-is and it was our problem but after having three different mechanics tell us how extensive the electrical damage is we are stuck.

 

[fronty]

I know that a "reasonable amount of time" is a vague statement, but there is no way for me to give you a definitive answer (only could give my opinion) to the amount of time a court will deem reasonable. Did you ever try to cancel the contract/take the car back to the dealership? If so, when did you first try to cancel the contract?

what is the definition for a "reasonable amount of time"? My birthday was April 12. So it has been a couple of months. We've tried contacting a lawyer to get a professional opinion on this but they never gave us a definite yes, no, or maybe and then wouldnt return my calls. Basically we assumed that because we bought the car as-is and it was our problem but after having three different mechanics tell us how extensive the electrical damage is we are stuck.

 

[Eternally Lost]

Well I didnt know that we could since we bought the car as-is...we went to see the dealer just last week as sort of a last resort just on a whim to see if he would help us out but obviously he didnt. I told my mom that she needed to ask him how he processed the paperwork without her signature but she said that was an issue to let a lawyer deal with.

 

[I AM ALWAYS LIABLE]

My response:

I am an attorney, and I have already given you my opinion. Your stuck.

Here's more concerning why you're stuck - - I'll bet you had the car serviced, or purchased insurance and paid premiums. These are indicators that you had every intent to keep the car.

You ratified the contract by doing these things.

IAAL

 

[Eternally Lost]

My response:

I am an attorney, and I have already given you my opinion. Your stuck.

Here's more concerning why you're stuck - - I'll bet you had the car serviced, or purchased insurance and paid premiums. These are indicators that you had every intent to keep the car.

You ratified the contract by doing these things.

IAAL

Well i appreciate your initial help. However you are not the ONLY attorney with an opinion and i can consider the opinions of other people as much as i consider yours. The entire legal system in this country is based on the opinions and interpretations of the law by certain individuals. That does not neccesarily make one such person's opinion more important than someone elses. I may be young but I am not an idiot and I don't stop until I have explored every possible action for whatever I may be persuing at that time. And yes i have insurance on my car because in the state of Florida you HAVE to have insurance in order to drive a car legally. Tell me something else, when do you buy a car and NOT plan to keep it? You buy a car to drive it, if it doesnt start one morning you take it to the shop to figure out why because you have a life to live, a job to go to, business to take care of. It is the same with me. I have school and work which makes a car a requirement for daily life. At 18 no i cant afford to go out and buy a new car at the first sign that something is wrong with the one i have so the only option i would have is to get that one fixed. Maybe I am stuck, but maybe im not. But i wont stop questioning until i get it figured out completely.

 

[I AM ALWAYS LIABLE]

Well i appreciate your initial help. However you are not the ONLY attorney with an opinion and i can consider the opinions of other people as much as i consider yours. The entire legal system in this country is based on the opinions and interpretations of the law by certain individuals. That does not neccesarily make one such person's opinion more important than someone elses. I may be young but I am not an idiot and I don't stop until I have explored every possible action for whatever I may be persuing at that time. And yes i have insurance on my car because in the state of Florida you HAVE to have insurance in order to drive a car legally. Tell me something else, when do you buy a car and NOT plan to keep it? You buy a car to drive it, if it doesnt start one morning you take it to the shop to figure out why because you have a life to live, a job to go to, business to take care of. It is the same with me. I have school and work which makes a car a requirement for daily life. At 18 no i cant afford to go out and buy a new car at the first sign that something is wrong with the one i have so the only option i would have is to get that one fixed. Maybe I am stuck, but maybe im not. But i wont stop questioning until i get it figured out completely.

My response:

TRANSLATION - - "I won't stop until I find someone who'll agree with me."

Take the dealership to Small Claims court. Then lay out all your facts to a judge. Dollars to dimes, that judge will tell you the same thing I've told you.

That's the only time you'll know "for sure."

IAAL

 

[Eternally Lost]

At times, having years of experience can be help... but it can also harden one to be set in a groove. It is not about getting someone to agree with me at all. You have no idea what kind of person I am and I dont aprreciate that judgement. You say so yourself in your "disclaimer" that your replies are merely your opinion and not legal advice. So why are you so upset when someone doesnt agree with you? Perseverance is not a bad quality in a person and I am not ashamed to have it. I am thorough in my research and thats why I am going to make a damn good lawyer.

 

[I AM ALWAYS LIABLE]

At times, having years of experience can be help... but it can also harden one to be set in a groove. It is not about getting someone to agree with me at all. You have no idea what kind of person I am and I dont aprreciate that judgement. You say so yourself in your "disclaimer" that your replies are merely your opinion and not legal advice. So why are you so upset when someone doesnt agree with you? Perseverance is not a bad quality in a person and I am not ashamed to have it. I am thorough in my research and thats why I am going to make a damn good lawyer.

My response:

Wow! You think I'm "upset" with you? I don't care what you do. You came here for an answer to a legal dilemma and I answered you. I gave you my reasoning, and I informed you of the law.

Then, I suggested that you take it to court. Whether you do, or whether you don't, I couldn't care less.

But, instead of wasting time, and allowing more days to go by, thus making things even more difficult on yourself, you're keeping this dialog going.

Shooo, shooo. File your Small Claims action!

IAAL

 

[Eternally Lost]

hmm i can multi-task. I am taking action. thanks. shoo shoo to another thread

 

[I AM ALWAYS LIABLE]

hmm i can multi-task. I am taking action. thanks. shoo shoo to another thread

My response:

Oh, really? What "action" are you taking? Don't be vague. What action did you take today? Do you have a file number?

IAAL