Vehicle Sale to a Minor

    Posted by MAIA on May 15, 2019 12:01:00 AM

    QUESTION

    This question was answered based upon current rules, regulations & statutes in effect on April 29, 2019

    We have an Insured who is 16 and has a valid mass drivers license.  He was trying to purchase a vehicle and the dealership is telling him he cannot register the vehicle in his name unless he is 18.  Ummm I looked in the RMV Manual and see nothing on an Age restriction.  Do you know?  Thanks!

    ANSWER

    Kathy Cormier:   A dealer will not sell a vehicle to a person under the legal age of 18.  Usually you will see a parent purchase a vehicle and then sign it over to the minor child.   If the dealer sells the car to a minor and say they total the vehicle driving off the lot...they can give the car back to the dealer as they were not of legal age to purchase the vehicle.

    While the child can purchase an auto policy, they will have a hard time purchasing a vehicle if they are not 18...this would be for both dealer sales as well as private party sales.

    CHAPTER 231. PLEADING AND PRACTICE.

    Section 85O. Contracts; age of legal capacity and liability in civil actions.  

    Section 85O. Any person who has attained the age of eighteen shall have full legal capacity to act in his own behalf in the matter of contracts and shall be liable in any civil action for breach thereof.

    I hope this helps.

    Agent:  Yes it does...Thanks!

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: 2018

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