Car contract with parent. Lost $3,000. and car.

[simy307]

Kansas

I bought a car from my father (who is divorced from my mother, I live with my mother) and made payments on the car over a year and a half period. I am in college and I had dire need of the car. I was behind on a payment for the car and my father took the car and stopped all contact with me. Now I have no car and I’m out 3,000 dollars. So I was left with nothing. I did sign a contract with my father that said if I was behind on a payment that he could take the car back. I was 16 when I signed the contract and I remember someone saying that the contract is no good because I wasn't 18 and not a legal adult. Therefore he can't enter into a contract with a minor. Would I have a right to a civil case? Would I get anything I paid into the car back?

 

[JETX]

I was 16 when I signed the contract and I remember someone saying that the contract is no good because I wasn't 18 and not a legal adult. Therefore he can't enter into a contract with a minor. Would I have a right to a civil case?

Not really correct. A minor can enter a contract... only that they can't be held TO the contract. Simply, a minor has the right to rescind his/her contractual obligation at any time before they attain the age of adult-hood. How old are you now??
If you made ANY payment after your 18th birthday, then you affirmed the contract as an adult.

If you are still a minor, you can send the lender (father) a WRITTEN rescission of your contractual obligation and he cannot force you to continue the contractual obligation. It does not retroactively cancel the contract.

Would I get anything I paid into the car back?

Based on your post, probably not.

Looks like you got a good life-lesson. Pay your bills on-time as you promised.

 

[Zigner]

Whose name is on the title?

 

[JETX]

Whose name is on the title?

Not really important. However, it IS important if a lien is noted on the title in the fathers name AND if the 'contract' mentioned includes a 'security clause' to allow the lender to recover the 'security' (vehicle) upon breach (as implied in the OP).

 

[stebbinsd]

I had a similar situation, once: My parents had a car that was in bad shape due to a year and a half of not being used. They promised to let me have the car if I could pay to have it fixed.

Anyway, what Jetx said is pretty much the case, here. When a minor enters into a contract, that contract is called voidable, which happens when you are in limited (but still some) capacity to enter into a contract. The one with total capacity has total obligation, which, in this case, means that you can back out of the contract, but your father can't. In some states, the same would apply if the contract was made when you were drunk.

However, as soon as you obtain full capacity to enter into a contract (whether by sobering up or reaching your 18th birthday), if you're going to get yourself out of the contract, you have to do it the first chance you get. If you made even a single payment on this car, it is implied in act that you are agreeing to commit to this contract as an adult.

However, don't loose all hope! There's a chance that there's a loophole in Kansas state law that you can exploit. Contact a contract lawyer in your area (there are more contract lawyers in any given area than any other branch of the law), and get a free initial consultation. Your father obviously has the same mindset that we have, but only a professional attorney can tell you if that mindset is with merit. Who knows, you might get lucky!