Legal Question in Credit and Debt Law in Florida

I am a resident of Florida. My lawncare company came to my home, while I was at work, and had my minor son sign my name to a 1 yr contract with them. I had no idea about a contract until I requested that they not cut the lawn at their next scheduled visit because it did not need cutting. They informed me that the contract I signed stated I would pay them rather they cut it or not.

I am contesting because their personal admits that I was not home and that she had my son sign the contract. Is this contract legally binding? Am I responsible?


Asked on 1/09/10, 9:23 am

3 Answers from Attorneys

Leon Ferraez Ferraez, LLC

A minor is not able to enter into a contract. Although your son, a minor as you described, signed your name, he still signed it. Furthermore, you did not authorize him to sign it (this really is a red-hearing issue that might be raised by the lawn company). If you make any payments pursuant to that contract, an argument can be made that you ascended to it (accepted it). Regardless, you did not sign it and your son can testify that he signed your name. I would hope that your signature is readily discernible from your son's signature of your name. The bottom line is that the contract should not be enforceable.

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Answered on 1/14/10, 9:41 am
Angelo Marino Angelo Marino Jr. PA

Not binding and a violation of the unfair and deceptive trades act. I can refer you to a consumer lawyer in your area if the company insists on doing its bad deeds. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 1/14/10, 11:41 am

A contract signed by a minor is voidable, meaning you have the option of enforcing it or not. As Further, I would report the lawn care company to Consumer Affairs and the Better Business Bureau.

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Answered on 1/14/10, 5:05 pm


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