Legal Question in Consumer Law in Ohio
Contract signed by a minor
My 17 year old son had his automobile windows tinted. He signed a contract/waiver to free the installer from any liability resulting from an accident or moving violation that could be related to the window tint.
My son thought this was normal "no refund" policy and paid the man for his services.
I had spoken with the installer, by phone just prior to the installation. However, he neglected to tell me that the 75% tint was illegal. Also, he never mentioned having my minor son sign any contracts.
I understand that Liquor, Tabacco and Tatoo estabilshments are required to card for minors and I beleive that should be the case with this product more so because it is flat out illegal.
My husband spoke with the installer and requested he refund the money to our son and reverse the process or install tint that was 50% (which is legal in Ohio).
The installer removed the 75% tint and refused to install the legal tint or refund the money because he claimed that my son signed for him to do the work.
Is this contestable in a small claims court? What law might I cite to substantiate my claim?
Thank you for your assistance.
1 Answer from Attorneys
Re: Contract signed by a minor
There are two concepts or theories which come to mind. First, you can not enter into a contract for an illegal act. You should have the revised code section stating that the tint is illegal. This can be obtained at the library. It would be like entering into a contract for the purchase of heroin. Since the contract is void, the vendor should refund your money. Second, contracts with minors are voidable. In other words, they can be terminated at the whim of the minor. I would suggest that the minor write the vendor and state that you are terminating the contract because you are a minor and desire to have a refund.
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