Legal Question in Consumer Law in California

contractual obligations/nonobligations of a minor

my minor(16)son was selling sports cards on ebay,without my knowledge. he had made 2 seperate transactions to 2 different people. one was for $20, the other for $1216.

he mailed the cards to the respective buyers,and come to find out he mixed up the cards.now the $1216 purchaser has filed a lawsuit against my son for $7500,because he made a mistake mailing the wrong cards.we sent the buyer his money back in the form of certified check,but he said he will not cash he needs more money than that.this person filed suit in the state of california. i was under the assumption that minors could not be bound by contracts if they wanted to void them.the other buyer information is erased and cannot get cards back.please help! thanks.


Asked on 10/08/02, 8:14 pm

3 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: contractual obligations/nonobligations of a minor

If your son is a minor, the buyer will have a major problem. However, you or your son will need legal help.

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Answered on 10/10/02, 11:39 am
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: contractual obligations/nonobligations of a minor

We do not handle these types of matters.

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Answered on 10/16/02, 9:27 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: contractual obligations/nonobligations of a minor

You probably need an Illinois attorney as your son resides in Illinois. The plaintiff has two problems. If he is a citizen of another State he will have jurisdiction problems and the fact that your son is a minor the contract is void for lack of capacity.

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Answered on 10/09/02, 12:11 pm


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