Can my niece take the previous owner of the car to smalls claims court?

My niece who at the time was under 18 baught a car from a towing company it was a major lemon they way over priced the car and took advantage of her. she is now 18 and to get the car fixed it will cost way more then it is worth. can she take them to small claims court and how can she do it what is the process??

Salt Lake City, UT -

Attorney Answers (2)

Leroy Brenardo Scott

Leroy Brenardo Scott

Lawsuit / Dispute Attorney - Dallas, TX
Answered

The great thing about being a minor is that you can void (get out of) most of the contract that you enter into. The sale of a car is a contract. Voiding a contract is a bit more difficult if it is for the sale of "necessities of life" such as food. Was the car a necessity of life? The answer to that question will depend on the situation and the law in your jurisdiction.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Lawsuit / Dispute Attorney - Bellmore, NY
Answered

She can always sue. Whether she can successfully sue depends on what is wrong with it, how many miles did she put on it after buying it, how long she has had it, and other factors.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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