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Old Feb 24, 2009 | 07:12 PM
  #81  
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Ok guys. You know I love you. But we shouldn't gang up on this kid. I know he is making himself an easy target with all the tales but let's let him off the hook for now.

I've never used the little "thumbup" guy before. I like it!
 
Old Feb 24, 2009 | 07:17 PM
  #82  
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Originally Posted by Barrister
Ok guys. You know I love you. But we shouldn't gang up on this kid. I know he is making himself an easy target with all the tales but let's let him off the hook for now.

I've never used the little "thumbup" guy before. I like it!
I tried to rep you for deflowering your thumbs up guy but I am repped out for 24hrs.

Tales are teh FuNnY.
 
Old Feb 24, 2009 | 07:19 PM
  #83  
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Originally Posted by TommyBahama
the owner was in his 30s...
As I pointed out before, entirely possible. If the kid is 18, his dad could easily be in his late 30s.

I'm 35. I have a 16 year old (and an 11 year old). Do the math.

Originally Posted by Barrister
Ok guys. You know I love you. But we shouldn't gang up on this kid. I know he is making himself an easy target with all the tales but let's let him off the hook for now.

I've never used the little "thumbup" guy before. I like it!
Agreed. He's an easy target, but if he isn't legit he'll do himself in sooner or later.
 
Old Feb 24, 2009 | 07:43 PM
  #84  
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Originally Posted by lager99
AutoCEO sent me a PM & said it was his/his Dad's RS.
Best case scenario it was his Dad's car - like all the others - that he got to drive once with his Dad in the passenger seat. Worst case scenario - an more likely - he is lying about all of it.
 
Old Feb 24, 2009 | 07:43 PM
  #85  
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It is also worth noting that a minor cannot sell a car because they cannot enter into legally binding contracts. So if it was his car and he wanted to sell it before he turned 18, he would have had to transfer title to his Dad and have him sell it. This is especially true if you are going through a dealer. They would never enter into a commission agreement with a minor knowing that they could not enforce the contract. He could have - conceivably - owned the car at 16 or 17, driven it for a year or two and then had his Dad sell it.

Just sayin' . . .
 

Last edited by Barrister; Feb 24, 2009 at 07:45 PM.
Old Feb 24, 2009 | 07:45 PM
  #86  
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Originally Posted by Barrister
It is also worth noting that a minor cannot sell a car because they cannot enter into legally binding contracts. So if it was his car and he wanted to sell it before he turned 18, he would have had to transfer title to his Dad and have him sell it. This is especially true if you are going through a dealer. They would never enter into a commission agreement with a minor knowing that they could not enforce the contract. He could have - conceivably - owned the car at 16 or 17, driven it for a year or two and then had his Dad sell it.

Just sayin' . . .
Right, or like in my case with my daughter we are both on the registration and title.

WTF -- are we actually defending this guy?
 
Old Feb 24, 2009 | 07:49 PM
  #87  
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Originally Posted by Gobbles
WTF -- are we actually defending this guy?
No. We are exploring the world of logic. It is faulty logic to say that just because a man in his 30s entered into a sales agreement with the dealer to sell the car that there is no way Auto CEO could be the owner of the car. It is evidence towards that conclusion but not sufficiently conclusive in itself.
 
Old Feb 24, 2009 | 07:54 PM
  #88  
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And what do you do again?

Originally Posted by Barrister
No. We are exploring the world of logic. It is faulty logic to say that just because a man in his 30s entered into a sales agreement with the dealer to sell the car that there is no way Auto CEO could be the owner of the car. It is evidence towards that conclusion but not sufficiently conclusive in itself.
 
Old Feb 24, 2009 | 08:04 PM
  #89  
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Originally Posted by Barrister
It is also worth noting that a minor cannot sell a car because they cannot enter into legally binding contracts. So if it was his car and he wanted to sell it before he turned 18, he would have had to transfer title to his Dad and have him sell it. This is especially true if you are going through a dealer. They would never enter into a commission agreement with a minor knowing that they could not enforce the contract. He could have - conceivably - owned the car at 16 or 17, driven it for a year or two and then had his Dad sell it.

Just sayin' . . .
voidable promise?

/spent the day trying to wrap my head around contracts, not going well
 

Last edited by TommyBahama; Feb 24, 2009 at 08:06 PM.
Old Feb 24, 2009 | 08:13 PM
  #90  
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Originally Posted by TommyBahama
voidable promise?

/spent the day trying to wrap my head around contract, not going well
Besides being a part of the common law, it is statutory in all 50-states.

Here it is in a nutshell - THIS ONES FOR YOU UBOAT!

In order to create an enforceable contract, both parties must have maturity and capacity. If one of those elements is lacking from the bargaining process, one consequence could be the invalidation of the entire contract. Minors, for example, do not possess the legal capacity to enter into contracts with other parties. This is generally because minors are not thought to possess the ability to perceive and process all of the necessary information to make an adequately rational decision. However, this does not mean that minors cannot make contracts, it just means that courts may not enforce the contracts that minors enter into.

Contract law, regarding the incapacity of minors to enter contracts, is designed not only to protect minors from their lack of maturity but also to deter others from entering into contracts with minors. The law recognizes that minors might be particularly susceptible to deception. Typically, contracts with minors are "voidable" at the option of the minor but binding on the adult. This generally means that minors can repudiate, or back out of their contracts with other parties, but the other parties are bound by those agreements.

There are certain contracts entered into by minors which are not voidable at their option. Since certain transactions provide significant benefits to minors, the law considers those transactions to be binding on them. Typical exceptions to a minor's right to avoid their contract obligations include contracts for necessities such as food, lodging and medical services and statutory exceptions including insurance contracts and student loans.

In addition, as a matter of public policy, some courts will hold minors' contracts regarding military enlistment to be enforceable. Many states also do not allow a minor to repudiate a real estate transaction until after they reach the age of majority. Emancipated minors (those who are legally married; serving in the armed forces; or legally emancipated through the courts) may enter into binding contracts just like adults.
 

Last edited by Barrister; Feb 24, 2009 at 08:17 PM.



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