Legal Question in Consumer Law in Illinois

who is liable?

Is there a law about selling a car to a minor in illinois?

I bought a car from a private person,not a dealer,paid cash,and within 2 hours of buying the car, on the way to get the title changed and plates the car broke down and had to be towed. I am 17 yrs. old. I called the people who sold it to me to get help or money back and got nowhere. She said it was our problem now.

There were no parents present when buying the car,and no contract. Who is liable for the towing and repairs?


Asked on 12/31/02, 9:06 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: who is liable?

Generally speaking, if a person over the age of majority (over age 18) contracts with a minor, the contract is voidable at the minor's option.

Thus, you would have a claim against the seller to rescind the contract, i.e., he takes the car back & you get your money back.

Of course, the seller, in this instance, is unlikely to do that voluntarily. Thus, you would probably need to file suit (or at least threaten suit) and obtain judgment before you could accomplish what you want.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; www.lawyers.com/alo

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Answered on 12/31/02, 9:36 am


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