Legal Question in Civil Litigation in Pennsylvania

Re: Item sold private sale

You asked if a youth maust make a refund on request where an item sold not working continues to fail to work.

There are a couple of issues at work here. First, the mom believes that she can prevail because junior wasn't old enough to enter into a contract. Two problems, junior was old enough to enter a contract in Pennsylvania (16). Even were that not true her presence defeats that claim. Essentially she acceded to the sale by her presence (a defacto affirmation).

Further, vehicle sales are are as is in Pennsylvania (any motorized veicle over 5hp or 50cc qualifies as a vehicle). Where the sale was made by a non-merchant, and was under $500 there isn't much regulation that will supersede. They bought a vehicle that was not working and are mad that it still doesn't work.

My recommendation is to stand your ground. Do not discuss this letter with the party. Let them sue. I think it will be a good learning experience for both parties. And in fact, I will help your grandson prepare his case (no charge) should they sue (I won't take the case, just give him instruction and advice). No matter what he must deal with this like an adult. Respond to the summons, prepare for court and present an intelligent case. Have fun with it. The worst that can happen is that he is out the money he would be out with from the refund.

Good luck and regards,

Roger Traversa

email: [email protected]

phone: 215.279.8940

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