What can a finance company do when a minor disaffirms a contract?

Full question:

A 16 year old minor responding to an advertisement enters into a contract with Auto Dealer, for the purchase of an auto. The contract calls for the minor to pay $1,000.00 up front and to finance the rest of the purchase price in monthly installments over a three year period to ABC Finance Company. Minor makes the scheduled payments for the first year and then stops paying and informs the finance company that he is returning the auto and will no longer make the payments. What actions can the finance company take to recoup their money?

  • Category: Minors
  • Subcategory: Age of Majority
  • Date:
  • State: Alabama

Answer:

In most states, the age of majority is eighteen. Generally, a minor cannot enter into a binding contract, except for necessities. In this case, the minor has disaffirmed the contract by returning the car and refusing to continue payments. Since the minor is under eighteen and has disaffirmed the contract, they are released from any liability. Therefore, the finance company cannot recoup their money.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

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The Bank Secrecy Act (BSA) requires financial institutions to report suspicious activities and maintain records of certain transactions. This helps authorities detect and prevent money laundering by providing a framework for monitoring large cash transactions and identifying patterns that may indicate illegal activity. Institutions must implement anti-money laundering (AML) programs to comply with BSA regulations.