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gholom

Minors who purchase and the refund

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I own a small business dealing with merchandise from $1.00 upwards to thousands of dollars. Minors buy from me. My question is if Minors are not responsible for their actions, can I be forced to return monies to a minor whose purchase is of high dollar value. Minors these days earn or have considerable spending power, but my return policy is no refunds, exchanges only. Parents can be very ugly when a minor buys and the parent thinks it was a poor choice.

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19 minutes ago, gholom said:

My question is if Minors are not responsible for their actions, can I be forced to return monies to a minor whose purchase is of high dollar value.

 

Where did you get the idea that "[m]inors are not responsible for their actions"?  That's not at all correct.

 

I suspect you're talking about the law that allows minors to void most contracts, which is based on the legal principle that minors lack the capacity to enter into contracts.  In that regard, you need to keep two things in mind.  First, where a minor buys something and then seeks to void the contract and obtain a refund, the minor must return whatever he/she received in exchange in the same condition as it was purchased.  Second, contracts for necessities of life are not voidable.  For example, a minor may not legally visit a restaurant and order and consume an expensive meal and then avoid the obligation to pay simply because he/she is a minor.  Nor may a minor buy expensive rims for his/her car and then force a refund after getting in an accident that damages the rims.

 

 

25 minutes ago, gholom said:

Minors these days earn or have considerable spending power, but my return policy is no refunds, exchanges only. Parents can be very ugly when a minor buys and the parent thinks it was a poor choice.

 

While you can maintain that policy for adult customers, you cannot do so for minors (subject to the points I made above).  If you don't like it, you can can choose not to do business with minors.

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While I agree generally with pg1067, Arizona apparently recognizes some limited exceptions to these rules that may be relevant to some of your minor customers.

 

Arizona Statutes:

44-131. Capacity of minor veterans and married minors

A. A veteran who is entitled to benefits under the servicemen's readjustment act of 1944 (P.L. 78-346; 58 Stat. 284), or the spouse of that veteran, is not under legal disability by reason of minority to make any contract and any contract made by that veteran or spouse is not invalid or voidable by reason of the minority of the veteran or spouse.

B. A person who is married to an adult is not under legal disability because of that person's minority to make a contract and a contract made by that person is not invalid or voidable because of that person's minority.

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7 minutes ago, MiddlePart said:

Arizona Statutes:

44-131. Capacity of minor veterans and married minors

A. A veteran who is entitled to benefits under the servicemen's readjustment act of 1944 (P.L. 78-346; 58 Stat. 284), or the spouse of that veteran, is not under legal disability by reason of minority to make any contract and any contract made by that veteran or spouse is not invalid or voidable by reason of the minority of the veteran or spouse.

 

Given the criteria for eligibility for benefits under the servicemen's readjustment act of 1944 (i.e., the "G.I. Bill"), it would be, at most, incredibly rare for a minor to be "[a] veteran who is entitled to benefits under the servicemen's readjustment act of 1944" or the spouse of such a person.  Moreover, a minor may not legally enter military service without parental consent, and that would result in the emancipation of the minor, so any minor who is or has been legally a member of the military is emancipated and not incompetent to contract.

 

 

16 minutes ago, MiddlePart said:

B. A person who is married to an adult is not under legal disability because of that person's minority to make a contract and a contract made by that person is not invalid or voidable because of that person's minority.

 

It is correct that a legally married minor is emancipated and, as a result, not incompetent to contract.

 

These exceptions are so very rare that they scarcely warrant mention.

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