Legal Question in Consumer Law in Florida

Contract signed by under 18yo

I'm in Florida. My 17yo daughter fell into a sales pitch to sign a 1 year contract with a personal service company 2 months prior to turning 18yo. It's now 1.5 months after her 18th birthday. She used her personal check card. The sales person never asked for her age or proof of such. As matter of fact, she only has a passport for ID, and it is kept in the safe. Spoke with management, who stated that they are not required to ask for age and as long as a credit card is presented, they can obtain the contract. The company has withdrawn 3 payment so far. They are not willing to stop the contract and reverse the charges. 1) Is the contract legal. 2) Can they enforce the contract?


Asked on 11/14/08, 9:50 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Contract signed by under 18yo

The contract is voidable. In other words, the contract is good until your daughter says it isn't because she was under 18 at that time. When she says she wants the contract voided--preferably in writing--the contract immediately ends, and she gets her money back. Until then, the contract can be enforced.

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Answered on 11/14/08, 10:43 pm


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