Can dealer be liable for selling a scooter with first hand knowledge that it will be operated by a minor?

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Can dealer be liable for selling a scooter with first hand knowledge that it will be operated by a minor?

I went to a powersports dealer with my son with the misunderstanding that my son (then age 14, almost 15) could legally operate a mopen (49cc) because it didn’t require a license, tag or insurance. I told the sales guy I wanted 49cc or smaller because my son wasn’t old enough to drive yet. Sale is final. No right to recission. When the sale was complete, the sales guy provided included a document in my paperwork which clearly indicated the operator should be at least 16 years of age (legal driving age) to operate the scooter.

Asked on October 30, 2010 under General Practice, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a case for fraud or misrepresentation in the inducement to contract.  The sale is not final. I would argue those theories of law and I would bring an action to void the contract and get the return of your money. You relied on him.  This is going to be a fight but I think that if you have the stamina to sustain it then you will win.  Your son was present and you you clearly spoke your intention to the dealer, correct? Is it a franchise of sorts?  I might also contact the manufacturer and let them know that he is selling these scooters to people who are clearly requesting them for underage kids.  Good luck.   


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