<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by del662:
I hope someone can help me with my problem. I have a 14 year old son that is ADD. He is always in some kind of trouble. A couple of weeks ago he got the keys to my safe when I was sleeping. He took $300.00 out of it a 16 year old kid down the street had a bike for sale. He told my son that it was a $300.00 bike but he would sell it to him for $250.00. The bike needs a lot of work and is really worth about $50.00. When I found out what happened I told the kid that I wanted my money back. He told me that a deal was a deal and I was stuck with the bike. So I talked to his mother and she said that the way I see it is your son owes you $250.00 not mine. What can I do can someone please help <HR></BLOCKQUOTE>
My response:
The mother of the selling kid is absolutely wrong, and this has nothing to do with ADD.
The fact is that a minor can "rescind" any contract entered into, as long as that contract is not for "life necessities", e.g., food, clothing, medical care.
Since a bicycle does NOT fall into this category, you file your Complaint in Small Claims Court on behalf of your minor son, suing the Mother and the other kid.
All your kid has to say in Court is: "Your Honor, I rescind the contract and want my money back." The judge has no choice but to allow the rescission of the contract.
Case closed, verdict in your favor, and judgment against Mother and kid.
End of story.
Go to your nearest bookstore and pick up a "How To" book on Small Claims Court.
IAAL
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