Full question:
A man under the age of majority purchased a car and lost his job after six months and wants to return the car and cancel the contract and wants his money back. What are the possible outcomes? Can a person under the age of majority legally purchase a vehicle?
- Category: Minors
- Subcategory: Age of Majority
- Date:
- State: California
Answer:
Yes, a person under the age of majority can legally purchase a vehicle. According to California contract law, a minor can make contract just as an adult can make a contract. Additionally, the minor also has the right to declare the contract void or cancel it within a reasonable time. Therefore, in this case if the minor person had entered into a contract of purchasing the car, he has the right to disaffirm or cancel the contract within a reasonable time.The relevant law in this regard is stated below for more details:
Cal Fam Code § 6700:
Contractual capacity of minor
Except as provided in Section 6701, a minor may make a contract in the same manner as an adult, subject to the power of disaffirmance under Chapter 2 (commencing with Section 6710), and subject to Part 1 (commencing with Section 300) of Division 3 (validity of marriage).
Cal Fam Code § 6701:
Limitation on authority of minor
A minor cannot do any of the following:
(a) Give a delegation of power.
(b) Make a contract relating to real property or any interest therein.
(c) Make a contract relating to any personal property not in the immediate possession or control of the minor.
Cal Fam Code § 6710:
Right of disaffirmance
Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards or, in case of the minor's death within that period, by the minor's heirs or personal representative.
Cal Fam Code § 6712:
Contracts for necessaries
A contract, otherwise valid, entered into during minority, may not be disaffirmed on that ground either during the actual minority of the person entering into the contract, or at any time thereafter, if all of the following requirements are satisfied:
(a) The contract is to pay the reasonable value of things necessary for the support of the minor or the minor's family.
(b) These things have been actually furnished to the minor or to the minor's family.
(c) The contract is entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor's family.
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.
