They don't have to give him a refund.....read the post.....he bought the sub they had on display......thats why he got a deal on it....and unfortunately diplay products don't come with a warranty.....sorry bro......just take this as a lesson....never by dispaly electronics...

 

Um thats just retarded. Display products are just normal stock on display. They have the same warranty as covered by any product purchased by an authorized distributor. If the store doesnt wish to give you a warranty I would talk to the manufacturer and see if they can help you. And um yeah I did RMAs for 3 different stereo shops so I'm not just making this up. This is just the case of another bad shop that doesnt want to look out for its customers.

 

A minor cannot legally contract. It does not matter what you purchase and it does not matter which state you live in. This is why auto dealerships make a parent co-sign on the purchase of a car. You can disaffirm any contract that you make until you reach the age of majority (1. This works on any item; anytime, unless you misrepresent your age intentionally, because you committed fraud. It does not matter if the item did not come with a warranty or was a display item; its a legal rule. I dont think that I can make this any more plain or simple. You just take it back and say that you are disaffirming the purchase because you are a minor and they are breaking the law if they dont refund you in full, even if it is broken. They will never do business with you again, but at least you dont get screwed.

 

Should be true in all states. Although instead of 18, it'ld just be whatever your state considers an adult most likely. For TX, that's 17

 

err, what law school do you go to? you might wanna try reading that section of your contracts book again (or try the hornbook) cuz that only applies to a contract, not a simple cash or credit sale. it is true that a minor can disaffirm a contract (such as a purchase and sale contract), but a retail sale is not a contract. if it were, no business would ever sell a 12yo a comic book, much less a new PS3! parents have to co-sign on a car purchase because they are executing a sales contract. good luck on the bar exam!

 

Right you are, but I think a strong argument can be made that a custom sub box with install is a contract. It has all the elements. (Im no genius and I may be wrong), but this is what I was getting at. A simple retail sale is unilateral, here there was bargained for consideration. I think he has an agrument, but your point may make it harder than just walking in and demanding a refund. If I had time I would research it a little more.

You can also argue an implied warranty of merchantability. Once again, you hang up on whether the sale of a custom box and install is a retail sale (unilateral) or a contract (consideration) exchange.

 

i think you may have also overstated the common law rule as well when u said that "You can disaffirm any contract that you make until you reach the age of majority". don't forget the doctrine of necessaries or doctrine of necessities (depending on your jurisdaiction) which allows the enforceability of contracts against minors for whatever the court determines to be "necessities". you can disaffirm many contracts, but not all. this is the problem with one size fits all legal advice, it doesn't. it depends on facts, jurisdiction, adoption of Article 9 by the jurisdiction, etc. people tend to take advice without seeking further clarification and may substantially prejudice any options that they have. (as an aside, you may also want to check on your state's definition of the unauthorized practice of law when speaking in specifics in response to a specific situation, much safer to speak in hypotheticals!)

 

Indeed. Should have used a hypo. I think that I assumed that he had a contract for the sale of goods and did not look into the doctrine of necessities. Hey, what can you do. And, yes, you cannot disaffirm many contracts; but I think that. . . A person in a similar situation would have a strong argument for disaffirming the contract given the circumstances and his age relative to the nature of the ultimate outcome.

 

Indeed. Should have used a hypo. I think that I assumed that he had a contract for the sale of goods and did not look into the doctrine of necessities. Hey, what can you do. And, yes, you cannot disaffirm many contracts; but I think that. . . A person in a similar situation would have a strong argument for disaffirming the contract given the circumstances and his age relative to the nature of the ultimate outcome.

 

exactly. there is no contract. he simply purchased an item and the labor to install it

 

great way to bring back a thread from 2 years ago!!

 

if all else fails, punch him in the throat.

 

ha wow i dont know how i found this thread and then bumped it from 2 years ago. i suck

 

how unfortunate

 

take one of these back to that shop and just point it at someone of value......

 

now that's calm and professional. haha