Legal Question in Civil Litigation in Maryland

Contract with minor

My seventeen year old son purchased a vehicle thru a licensed dealer. I went with him to pick up the car after he agreed to purchase the car. I put the car in my name only for insurance purposes since my son did not have a license. The person who sold the car to my son told him the car was great and there were no problems. After he drove the car a little over 200 miles, the motor went up. The dealer and my son agreed to replace the motor with a used motor for $900.00 and his mechanic would put it in and get it working. All my son had to do was buy pizza and beer for this mechanic. After six weeks of calling him and going up to see the progress of this motor, I realized this mechanic did not know what he was talking about. I had my son call the dealer and tell him if the car was not done by a certain date, I was having the car towed out. Which I did. I had it towed to a service center where they told me the alternator, fuel pump and belt from the used motor they just put in were bad and hoses, bolts and screws were missing. I had them replace the bad parts. I want to take him to small claims court. I want him to take the car back and get all monies we have out on this car back. As of this day, the car is still not running.


Asked on 9/07/04, 4:46 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Contract with minor

The first issue is with whom did the dealer contract. You said you put the car in your name for insurance purposes, but didn't specify whose name is on the bill of sale. If yours is, legally you are the buyer and there is no "minor" issue. If your son's name is on the bill of sale as purchaser, then the contract is voidable since minors can't legally make contracts, and you should be able to successfully sue in small claims court on that basis.

If you are the legal purchaser of the vehicle, you can sue on breach of contract and breach of the implied warranty that the vehicle was "merchantable"--which means basically in good condition. Presumably the dealer didn't offer any express warranties, but if he did you could base your claim on that ground as well.

If your county has a consumer protection office, you might file a claim there before going to court to see if they can help resolve the problem.

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Answered on 9/08/04, 9:40 am


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