We live in CA. My 16 year old daughter took her car (hers by possesion, not legally) in for an "oil change". She walked out with a $300.00 bill charged to my credit card (she is an authorized user). I was out of town, out of cell range, so she could not get a hold of me. This was a place that we have used for over 6 years on all of our vehicles including 2 other teenage drivers and cars. They have stated that a 16 yr old can sign a contract for service on a vehicle in California? The car is not registered under her name, it is under ours. I have searched and cannot find any code that states this fact. Ethically I convinced them that a 16 yr old versus a knowledgable adult mechanic should have resulted in an oil change with an estimate for the additional services to be reviewed by her parents. They have agreed to refund, but I am curious if there is such a statue?
2006-09-26 05:58:00 · 11 answers · asked by Juls 1 in Cars & Transportation ➔ Maintenance & Repairs
Actuall, as a paralegal, there is no such statute in any state. She is not 18 years of age for one and no one under 18 can sign a legal binding contract, and for two, the vehicle is not in her name. No repairs can be made on any vehicle without the prior consent of the owner of the vehicle. I know they are giving you a refund, but this happened because she was young and because she was female. They thought they could "pull" one over on her. They were covering their own back sides by telling you that there was such as statute.
Hope this helped.
2006-09-26 06:05:26 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The short simple answer is NO, there is no state in the US where a minor can enter into a legal agreement of any kind. Also, as the car is in your name, it is your car. A second party, your daughter, can't sign up your car for service unless or until she is actually an owner or part owner of the vehicle.
The one sticky point of contention is the credit card. Based on your statements, she is an authorized user of the card, meaning she is authorized by you to make purchases of goods and services on that card. You are lucky that no court will honor an agreement that involves a minor. You are also quite lucky that you aren't facing financial crisis after crisis. Letting your child, who almost certainly contributes NOTHING financially to your household, much less to your credit card payment, use your credit card is NUTS.
This incident was a close call for you. If you want to have peace of mind and a relatively happy life, then you should remove her from your card at once. Or you will be facing this situation again soon...and you might not be able to get out of it next time.
2006-09-26 06:26:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There is no basis for a 16 year old to legally sign a binding contract in Calif. They can not sign a contract to buy a car, motorcycle, appliances, anything even with a parent or other adult as a cosigner. You must be 18 . I sell motorcycles and every day some young man under 18 wants to know this same question, and I have to say , "No".
2006-09-26 06:04:03 · answer #3 · answered by stevensings20032001 3 · 0⤊ 0⤋
Q. Can a 16 year old sign a binding service contract on a vehicle owned by the parents?
A. No I wouldn't think so, however since your daughter is a minor, you may be held responsible anyway. I hope everything works out ok
2006-09-26 06:10:36 · answer #4 · answered by Sandee 3 · 0⤊ 0⤋
2. Who can make a contract?
Any person can make a contract in California. You do not have to be a United States citizen or speak English. People entering into a contract must be legally competent, however, which means they cannot be mentally ill or intoxicated.
Even a "minor"-anyone under 18 years old-can make contracts. However, anyone can refuse to make a contract with a minor because minors usually are not bound by contracts-so the contracts are not enforceable. (See #8.) Most businesses in California cannot refuse to make contracts with you for reasons such as your race, color, sex, religion or national origin.
2006-09-26 06:09:32 · answer #5 · answered by Letsee 4 · 0⤊ 0⤋
First off, you shouldn't have sent a girl to do a mans job! You should have known that mechanics take advantage of women and the younger the better.
You could have told her to not pay for any extras, that she had to ask her mommy
You might be able to take them to small claims and get a symphatic judge, preferably female
If you paid by credit card, you might get them to reverse the charges, but watch out for ATM cards, they are another story.
and last you have to be of legal age to sign a contract, that's 18. I know because I sold a car to a minor once and had to refund the money.
On the flip side, maybe they did you a favor and the car really needed the repairs. They could have saved your life!
2006-09-26 06:02:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Devil's Advocate here. First off, the folks who have said the contract isn't binding are probably right.
But that doesn't mean that the mechanic was trying to take advantage of anyone. A $300 bill doesn't mean it wasn't legitimate work.
If it really was just an oil change, someone needs to get fired from their job.
But maybe there was a legitimate problem they fixed. The poster didn't say so.
2006-09-26 06:12:43 · answer #7 · answered by jplrvflyer 5 · 0⤊ 0⤋
Yeah, I don't think a 16-year-old can sign a binding contract.
2006-09-26 06:05:37 · answer #8 · answered by retorik75 5 · 0⤊ 0⤋
I don't think any under age person can sign any contract legally. And that mechanic def. ripped her off, call the BBB and report them!
2006-09-26 06:05:52 · answer #9 · answered by Celesta 3 · 0⤊ 0⤋
No SHE can't, but YOU did, when you (she, with your consent), paid with YOUR credit card.
That's why you don't give kids credit cards.
You should be happy you're getting your money back. Leave it at that.
Repeat: YOU ARE the one who completed the contract, not her.
2006-09-26 06:36:24 · answer #10 · answered by MrZ 6 · 0⤊ 1⤋