I dont think this was a legal purchase?

[kreaton75]

What is the name of your state (only U.S. law)? Virginia

My stepdaughter purchased a vehicle several days ago, however, my stepdaughter is only 17. The car was advertised as being in working order, however it is an absolute nightmare. She was forced to sign an as-is policy, the few days she has had it, it has done nothing but break down. It stopped running in the middle of the highway and almost caused her to get hit, this was the last straw. I may be wrong but i was under the assumption a minor would not be allowed to sign an as-is policy without parental consent or representation. She paid way too much for this car, that doesnt work, and she is going to have to pay even more to get it the point where it is in running order. Any advice would be appreciated...

 

[Mass_Shyster]

Under Virginal law, contracts with minors are voidable.

Return the car, demand a refund, and sue if no refund is given.

 

[xylene]

Under Virginal law, contracts with minors are voidable.

Return the car, demand a refund, and sue if no refund is given.

The limited voidability of contracts (at the discretion of the court) with minors does not provide redress for the poster.

The law is such that, even if this as-is policy was not specifically signed, the transfer of motor vehicles is AS-IS.

 

[JETX]

My stepdaughter purchased a vehicle several days ago, however, my stepdaughter is only 17. The car was advertised as being in working order, however it is an absolute nightmare. She was forced to sign an as-is policy, the few days she has had it, it has done nothing but break down. It stopped running in the middle of the highway and almost caused her to get hit, this was the last straw. I may be wrong but i was under the assumption a minor would not be allowed to sign an as-is policy without parental consent or representation. She paid way too much for this car, that doesnt work, and she is going to have to pay even more to get it the point where it is in running order. Any advice would be appreciated...

Very simple. A seller can enter a contract with a minor.... however, they do so at the risk that the minor can rescind the contract PRIOR to his/her 18th birthday.
Your daughter needs to simply write a note saying "I am a minor. My birthdate is ________. I hereby rescind the contract to purchase the following vehicle (describe). The vehicle has been returned in the condition received and the full amount of (amount) is to be refunded within THREE days to (name, address) or legal action will be taken."
Then, she needs to return the vehicle and keys to the seller and give them the written notice. Try to get them to sign and date the form. If they refuse, make sure she notes the name of the person delivered to, and the date and time delivered.

 

[kreaton75]

The limited voidability of contracts (at the discretion of the court) with minors does not provide redress for the poster.

The law is such that, even if this as-is policy was not specifically signed, the transfer of motor vehicles is AS-IS.

does that mean she is stuck with the vehicle, regardless of the condition? It was advertised to be in working order, it is very far from that....

 

[justalayman]

if you are going to follow xylene's advice, that's what it means. If you follow JETX's advice, you got a shot at rescinding the sale.

If you do nothing, you have a car that isn't working well. If you try to do what JETZ suggested, you might end up with a car that isn't working but you might end up with the kids money back and no car in the drive that isn't working right.

 

[kreaton75]

if you are going to follow xylene's advice, that's what it means. If you follow JETX's advice, you got a shot at rescinding the sale.

If you do nothing, you have a car that isn't working well. If you try to do what JETZ suggested, you might end up with a car that isn't working but you might end up with the kids money back and no car in the drive that isn't working right.

I just want to go into this with my eyes wide open, knowledge from every angle will only help in our arguement. If nothing else maybe they would be willing to do the repairs needed to make the car worthy of the 1200 dollars they charged her. by the way its a 1995 Dodge Neon with 180000 miles on it, i could of kicked her butt... i want her to be happy no doubt, but i want her to be safe more than anything.thank you for all the input.

 

[Mr.X]

$1,200 doesnt buy a "very" safe car if safety is your #1 concern. Eve a $20k can be unsafe in some instances. Its just how much you are willing to spend to define safety. Aperson pays $1,200 for car because they accept the risks that it might not run properly. I would say about $2.5k to $3k would be a price point for a standard no frills car that is relatively reliable/safe.

The others are correct though. You can try to get them to take the car back, but even without the contact, the all used cars are sold "as-is" unless otherwise stated. I am not sure how minors are affected by this. Does that mean that no one should sell cars to minors because their signatures are useless?

 

[Zigner]

Does that mean that no one should sell cars to minors because their signatures are useless?

They CAN sell cars, they just need to realize that the sale (contract) can be "undone".

 

[Silverplum]

They CAN sell cars, they just need to realize that the sale (contract) can be "undone".

They also can post to threads that were done more than TWO MONTHS ago.