Hey guys heres a lil something I had completely forgotten about. Its against the law for someone under the age of 18 to get involved in a Hire purchase in this country.They are still a minor Now this means that NO financial agreement with a person under 18 is enforceable or legal under the law. SOOO.What happens when a 17 year old smart alec turns up at your place and buys a cheapie caras is where is! Or should I say what happens when after hes taken it home to mum and dad and they say its a wreck and he has to take it back! Nominor can agree to terms of purchase so the contract is null and void without signature by a parent or gardian. Now what if said 17 year old decides to sell a car to youand you spend thousands fixing it up.! What do you guys think!
tazcsv,
Jun 27, 9:55pm
Its not a hire purchase agreement for a start as they would pay cash on pickup.
kazbanz,
Jun 27, 9:56pm
but its a financial contract they sighn when you cover your rear with that receipt saying as is where is
tazcsv,
Jun 27, 10:00pm
It sounds like a really big grey area that they would prob win if push come to shove.
tigra,
Jun 27, 10:07pm
First:I dont think there is an actual Law that prohibits under 18's to be involved in a HP contract. However its not unknown for then to forge parents approval. Second: Surely they are allowed to sell you a car as thats not a HP type contract.
kazbanz,
Jun 27, 10:14pm
There is a law and the HP then becomes unenforceable if it happens. When I do a HP for a17 year old I actually "do" the HP in the parents name but make it clear to the finance company that its the young person making the actual payments.
curlcrown,
Jun 27, 10:16pm
I don't know about you but I have been know not to do a deal with someone because I get the feeling they will be a major pain in the neck.
tonyrockyhorror,
Jun 27, 10:46pm
Him selling you a car you fix up is not a financial contract.
tigra,
Jun 27, 11:57pm
There is a "minors" aspect of the CCFA.however your statementsuggested that the under 18 year old was acting illegally under the law. There is no law thats stops a minor from signing a contract. They can do so with impunity - its the other party that is unable to enforce such a contract.
kazbanz,
Jun 28, 5:11am
So pray tell what is it when a person gives another person money for goods and promises are made regarding those goods! You do after all insist on a receipt -dont you! -what is that receipt!
kazbanz,
Jun 28, 5:11am
Yep--the contract is legally unenforceable -exactly
supernova2,
Jun 28, 6:20am
I agree but the question then is how are you to know they are a minor! Is there any law that compells a person to disclose their age when entering into negotiations!
kaymay88,
Jun 28, 7:23am
I dont think so - its a simple cash purchase. provided you have stated your terms clearly Id say you are clear wehther or not they sign anything.
neo_psy,
Jun 28, 8:53am
Hmm, yes, it's a contract alright.
An agreement to supply something in return for a consideration.
Of the top of my head, probably more trouble than it's worth to try to enforce if the kid and the parents are going to be dicks about it.
kazbanz,
Jun 28, 10:13pm
read back on the number of adults who due to the simple as is where is not being on a receipt or no receipt at all have won cases in court (against private sellers) Now if the contract is legally unenforceable you know which way the court will decide.
kazbanz,
Jun 28, 10:16pm
I'd say it comes down to a simple point of law. Is it legal for a minor to sighn a legally binding contract or not!
neo_psy,
Jun 29, 6:34am
From memory (and I'm merely a bush lawyer), the only way you can get the contract legally enforced is if he misrepresented himself as being over 17. As far as I can see, you don't say he did that at any stage.
gabbysnana,
Jun 29, 7:36am
so they cant buy from a shop, have a power account, cell phone, etc etc etc either then
neo_psy,
Jun 29, 8:22am
Actually, that's a good point about buying from a shop. I guess that's not a "contract" as such.
But, no, they can't have an enforcable contract - Sale & Purchase agreement in this case.
And they can't (legally) have a credit contract.
neo_psy,
Jun 29, 8:33am
So, can it be enforced it it's kosher! Although, I guess what if the squirt has no money - throwing good money after bad, I suppose.
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