Legal Question in Consumer Law in Florida

Minors and Contracts

Im a licensed car dealer in Florida...I sold a 1995 Camaro to a lady and her 16-year old son about a year ago ''as-is'' with no warranties. She recently returned and said she wanted to return the car on the grounds that since we had titled and licensed the car under her son's name (at her request) the contract was void since he was a minor at the time of the sale. Although she did'nt sign any paperwork, she filled out all the forms in her own handwriting, instructed her son to sign them, paid for the car herself and requested a lien be placed on the car in her favor since she was loaning him the money. Her son entered into the agreement with her obviously implied consent. However, she is a paralegal herself and has already moved for a hearing and final judgement to rescind the contract and refund the money. Should I go to court and explain the situation to the judge or is a lawyer necessary? I have copies of all the paperwork including the ''as-is'' statement and bill of sale completed by the mother in her own handwriting. There are no DMV laws or regulations permiting the transfer of ownership of motor vehicles to minors.


Asked on 2/19/03, 12:09 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Minors and Contracts

If the amount in controversy is udner $5000.00 then a company need not be represented by an attorney. There are statutes governing your situation. Should you require assistance in being furnished with the law you may contact the undersigned.

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Answered on 2/19/03, 5:39 pm


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