Is there anything I can do??

[galturok]

Last year I signed a contract for my little brother "16 years old" To get a used car. Total $2100. To be paid off 100 per week at the car lot. We put alot of work and money into it, about $1200 worth. Wher he only had 200 more to pay he whent back to the car lot. The owner talked him into tradeing it in towards a different car. He drove home in a peace of junk and oweing 2700 more. His new contract had my name on the top. The owner of the lot had put put all my info on the new contract and had my little brother sign it. I whent back to the lot that day ,but the owner had left for the day. The next day they told me they sent my car to mexico even though i could see where they where just hiding it in the back. Still the owner was not there. I tryed for two more weeks, but they would not call me back. The car he gots now dont run, and we stoped paying on it. Now tow months latter the owner call me looking for his car. I told him what the hell! Why did he sign my info on his new contract. the owner wont work with me.

By law can I do anything about this?????

 

[gottago]

Call the local police/sheriff and file a complaint.

Explain to the officer that the car dealer used your name and information on the contract without your permission.

 

[Seanscott]

Just because you signed or co-signed for your brother does not give ANYBODY the right to transfer your promise of payment to another contract.

Your little brother cannot do it and certainly the car dealer cannot do it.

Your brother is a minor. The contract for the second car is not valid. A minor cannot enter into a legally binding contract without an adult signing.

Don't let that crooked MF get away with it. Threaten to sue him and if he doesn't make it right, then sue his ass and make him pay your attorney fees and court costs. He is 100% in the wrong on this one and deserves to charged with a criminal act!

 

[JETX]

SeanScott isn't exactly correct when he said, "A minor cannot enter into a legally binding contract without an adult signing."

A contract involving a minor--in most states of the United States a minor is now a person under 18--may be enforced or voided by the minor, unless the contract is for necessities such as food, lodging, or medical services, in which case he or she may be held responsible for the reasonable value of what was purchased. However, if the minor wants to, he/she can rescind (void) the contract by simpy returning the contracted item, declaring the agreement void and demanding a refund in full. The risk of entering into a contract with a minor is the adults.

 

[Seanscott]

Very sorry for my incorrect info. Guess I listen to Judge Judy too much.

Halket - So in this situation, the little brother should return the car? If he does, will he get anything back other than the amount paid on the second car?

I would hope there's some way he can get a fair settlement.

Thank you

 

[JETX]

If this were simply a case of a minor contract, the minor could rescind the contract by returning the car to the dealer and demanding a full refund. This would include the fair value of the car used as a 'down payment', unless the car were still available, in which case he would be 'made whole' with the return of the car in 'as traded' condition.

However, I think a larger issue is the illegal activity of the car dealer. I would contact the local police and file a complaint for fraud, forgery, theft, etc. If the car dealer has any assets, I would consider filing possible legal action.

In any case, I assume that the dealer should be facing a Small Claims suit to recover the damages incurred.

 

[JETX]

Lets all wave goodbye to QCPeed.

Bye-Bye... sayonara... adios...