Legal Question in Consumer Law in California

minor child responsibility

My minor child, age 14 logged on to my ebay account and allowed his friend, also a minor to bid on an item. His bid won and the seller wants his money. The child who placed the bid refuses to pay. Am I liable for the transaction?

Thanks.

Tom Bakewell


Asked on 5/07/03, 12:38 pm

2 Answers from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: minor child responsibility

Sorry to hear of the problems you have had, Tom.

Unless the seller of the item had prior notice that the bidder was not you, he acted in good faith, and reasonably expected that "you" were doing so, too. The mistakes made were by you and the child, not by the seller, who should not pay any penalty for his innocent involvement in the transaction. As between you and the seller, you are responsible for the bid made. As between you and the minor bidder, he should be compelled to take responsibility for the commitment he made, using your name and password to place the bid.

It may have been very unwise for you to share your password with your son, who subsequently shared it with this other child, but don't hold the seller accountable for that error in your judgment. You might approach the parents of the child who placed the bid, and expect them to take responsibility for their child's conduct. There are laws on point holding a parent liable for the intentional acts of their minor child. Try, though, to resolve the matter amicably with the parents, who should see it as a prime opportunity to teach a valuable life lesson to their son.

I would also highly recommend immediately changing your eBay password and NOT sharing it with anyone else.

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Answered on 5/07/03, 4:15 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: minor child responsibility

The reply by Mr. Williams is the best.

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Answered on 5/07/03, 11:36 pm


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