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Old 11-14-2006, 01:23 PM   #1
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Default Some people are so stupid...

There'* this kid on the local ricer forums, www.beyond.ca, who got screwed in a straight up trade, but now he'* trying to cover his *** because he traded without mommy and daddy'* permission! Then he goes so far as wanting to sue the guys for trading to a minor (which is perfectly legal here, probably anywhere).

He'* getting flamed pretty bad. I'd link but you'd have to register, I'll just cut and paste what he posted.

Quote:
Selling Vehicles age limit?

Alright here'* the situation,

I'm 17 and I straight up traded my 96 Integra LS, for a 92 BMW 318i... sure I was fed a lot of bullshit about the BMW. It'* a nice car and all but now it has a flip side. I believe there'* a huge problem with the engine... as in it'* going to blow one day, or it'* just not running right with a high idle. Me being stupid traded in a 96 Integra, for a 92 BMW which is pretty much worthless.

First question, Is it legal for a dealership to legally sell me a used vehicle even though I'm 17?

Second of all, Can I sue? or do anything about it to get my old car back or atleast some $$$ hehehe. Even though it was clearly stated that it'* a final sale. This has not only almost cost me my life but my school and job ontop of that and also affected my family since I did take a nice road trip up to Edmonton to buy it, and then secondly didn't as my Dad for permission.

Thanks,
Steve
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Old 11-14-2006, 01:27 PM   #2
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He'* up **** creek without a paddle. "All sales are final" means exactly that. If no warranty was expressed or implied, I'd imagine he'* going to have to pony up the cash and fix the BMW or buy a Bonneville(Or a Thunderbird)
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Old 11-14-2006, 01:46 PM   #3
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hahaha, beyond.ca.

I do a lot of posting on Dori-Kaze (Canadian AE86 and old school 'yota forum) myself...
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Old 11-14-2006, 02:03 PM   #4
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Quote:
Originally Posted by MyLittleBlackBird
He'* up ***^ creek without a paddle. "All sales are final" means exactly that. If no warranty was expressed or implied, I'd imagine he'* going to have to pony up the cash and fix the BMW or buy a Bonneville(Or a Thunderbird)
While this should be true, I doubt it is. It probably depends on the state, but in most States no contract made with a minor is valid nor binding. "All sales are final", "No warranty expressed...etc." does not apply when a minor is involved. Most likely the seller is screwed. Right or wrong, that'* the way it is.

Now, whether or not the buyer should be able to sue for "damages" is another issue. I know it'* the American way, but is it morally correct to hold someone else responsible because you did something stupid?
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Old 11-14-2006, 02:05 PM   #5
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Quote:
Originally Posted by SSE Motorhead
Quote:
Originally Posted by MyLittleBlackBird
He'* up ***^ creek without a paddle. "All sales are final" means exactly that. If no warranty was expressed or implied, I'd imagine he'* going to have to pony up the cash and fix the BMW or buy a Bonneville(Or a Thunderbird)
While this should be true, I doubt it is. It probably depends on the state, but in most States no contract made with a minor is valid nor binding. "All sales are final", "No warranty expressed...etc." does not apply when a minor is involved. Most likely the seller is screwed. Right or wrong, that'* the way it is.

Now, whether or not the buyer should be able to sue for "damages" is another issue. I know it'* the American way, but is it morally correct to hold someone else responsible because you did something stupid?
Normally he would be able to get out of a contract given he is under 18 - however- it is my understanding that he is in Canada and I have no clue what their laws are pertaining to this.
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Old 11-14-2006, 02:07 PM   #6
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Quote:
Originally Posted by SSE Motorhead
Now, whether or not the buyer should be able to sue for "damages" is another issue. I know it'* the American way, but is it morally correct to hold someone else responsible because you did something stupid?
this is america. morals have nothing to do with any issue because its not politically correct. right and wrong are subjective, didnt you know?
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Old 11-14-2006, 02:08 PM   #7
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Well, All I can say is that he deserved it for being stupid and not THROUGHLY checking over the car before trading, but also he does have better potential with the Bimmer. I bet the problem with the engine is a simple valve adjustment.
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Old 11-14-2006, 02:20 PM   #8
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Quote:
Originally Posted by SSE Motorhead
Quote:
Originally Posted by MyLittleBlackBird
He'* up ***^ creek without a paddle. "All sales are final" means exactly that. If no warranty was expressed or implied, I'd imagine he'* going to have to pony up the cash and fix the BMW or buy a Bonneville(Or a Thunderbird)
While this should be true, I doubt it is. It probably depends on the state, but in most States no contract made with a minor is valid nor binding. "All sales are final", "No warranty expressed...etc." does not apply when a minor is involved. Most likely the seller is screwed. Right or wrong, that'* the way it is.

Now, whether or not the buyer should be able to sue for "damages" is another issue. I know it'* the American way, but is it morally correct to hold someone else responsible because you did something stupid?
In Canada, the only contracts that are non-binding when a minor is involved are those for "necessities." Now, although transportation could be seen as a necessity, he already had a viable means of transport (the Integra), so thus the trade doesn't constitute a contract for a necessity, so he'* hooped.

And any lawsuit would be thrown out as frivolous in a heartbeat.
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Old 11-14-2006, 02:48 PM   #9
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All I can say is I wish I were a judge.

"I traded my car willingly, without looking closely at what I was getting myself into. He should pay me now."

"Get out of my courtroom! You're a dumass, deal with it"
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Old 11-14-2006, 03:57 PM   #10
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thats kid * a moron, did he ever wonder why a stealership would trade a beamer straight up for an acura? dumbshit

im 17 and i wouldnt even trade my rusted out '88 bonnie for a 92 bmw without thouroughly going over it.
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