Minor purchasing products over internet without consent and trying to return the
My son who is 16, purchased a car stereo amp over the internet for $565.00, without my knowledge. Icontacted the person who sold it to him and informed him he was a minor and should not have purchased the amp and wished to return it for a refund.The product had never been used, and had a few flaws in it which I told the person who sold it to him, which was on e-bay. The person at first told me to return the amp, and if it needed to go back to the mnfr. he would send it to them and when he got the new one he would resell it for us and refund the money.I sent the product back via ups and the person claims he never received the product but ups said they left it on the front porch. Ups tried to talk to the person but he says he told me not to return the item, and that he never received the amp that was left on the porch.Now my son is out
$565.00 and we live in illinois and the company he purchased the amp from is in georgia. what can I do to try to get my sons money back to him? Help please!
1 Answer from Attorneys
Re: Minor purchasing products over internet without consent and trying to return
Under traditional contract law a minor may void a contract. The traditional view is that a minor does not have the capacity to enter into a binding contract.
The next question to answer is how your son may obtain the money he paid. A few suggestions come to mind. First, if there is a way to dispute the charge on the credit card statement, then this could prevent your son from paying. Second, you could retain an attorney to send a letter demanding a return of the funds. Sometimes, a letter from an attorney has a bit more force than from a party to the transaction. Also, you could threaten to bring suit against the party in small claims court since the money paid was only $565.00. Lastly, you could threaten to report him to ebay for violation of the law pertaining to contracting with minors.
Please give me a call if you would like to speak further.
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