It is illegal. Don't be so mad that I'm right. Like alot of other trusted DP members said, It's illegal to buy from a minor. I dont care if he sells sites or anything, I'm trying to help out other DP members. Almost 4 people said it was illegal in this thread. There's your proof.
I've moved this out of the original thread. There are a number of legal constructs here. The location of the vendor The location of the buyer The location of the sales vehicle (ie DigitalPoint) In the thread in question http://forums.digitalpoint.com/showthread.php?t=123445 it appears that the site is USA owned and hosted. The sales vehicle is US owned and hosted So US law regarding contracts with minors will have some teeth. But what happens when the buyer is not in the US. Whose laws apply?
Good question. Well, I guess it'd depend on the location of the the buyer & the seller. If they were to be both in the US, It'd definitely be illegal. Though I'm not sure if it would be illegal when the buyer or seller was out of the U.S. You are taking a chance when buying/selling from/to a minor. Say if you bought something from a minor, and then the minor threatened you to tell legal authorities unless you did something for him/her.
If I go to a garage sale and buy a bookshelf for $50 from a kid outside his home and take it home is that a binding contract? If I go to DP and buy a site for $50 from a kid trading online is that a binding contract? You seem to know a bit about US law - maybe you can help make the distinction for those of us less familiar. After all, online is tricker, as you don't get to see the other party and they can fake their identity.
I guess it'd depend where the kid was located. US = No, not a binding contract. Non-US = I'm not quite sure, I dont think so though.
so the kid could come and take back the bookshelf? What's required to make it binding? The word of a parent? A written contract?
oh I figured from your being so vocal on that thread that you'd be able to guide people into how to trade safely with minors. Can't be a blanket no-go-zone, there must be ways you can do it.
on dnforums i have an itrader of all perfect about 15 and here 6 so i htink you could trust me. All up to you though
Chill Coolalex, I was hoping DarkCircuit would give us some more info since he seemed so knowledgeable on the legalities. Seems he doesn't though.
I could start a thread about seeing Elvis in Las Vegas and swear he's alive. If 4 people claim the same, does that make it true? The truth of the matter is that contracts with minors are not wholly illegal. In some cases they may not be enforceable or can be voided, but not necessarily illegal. Further, each state (in the U.S.) handles the issue differently. Sui iuris (legal competence) is but one factor in determining whether or not a contract can be enforced. Is it a good idea to enter into contracts with minors? Not in my opinion; or at least certainly not without a signed parental consent. However, making a bland and blanket statement that any contract with a minor is illegal is irresponsible.
DarkCircuit, do you have something (other than other comments) to show that it's illegal? As far as I know, it's not illegal at all. The important point is that in the United States, a contract with an under-18 is not legally binding. That means that any business deal could be reversed because of the person's age. Even if the minor gladly makes a deal, his legal guardian could have it reversed. See this article in Business Week about the risks involved http://www.businessweek.com/2000/00_22/b3683155.htm It's easy - they need a legal guardian to sign the contract.
Whether or not its legal I dont really care. I think at 16 I should be able to sell a little website. If you dont want to trust me thats your choice. My question is that is it illegal for a minor to sell to a minor or someone 18+ to sell something like a website to a minor?
Hmmm... Interesting, I have sold about 30 sites by now and I don't think I would ever be needing them again, even if they make a gazillion dollars a day. The sites that I sell, are transferred from one registrar to another and when I click the consent email only then is the domain transferred. The content however has to be manually provided in the form of a zip file or a gzipped sql database (if any) Anyways, what entity does a website come under? I have mailed a couple of lawyers I know regarding this and it's forthgoing in India. Will post as I get to know about it. Does this apply for services as well ? Since I have provided -and am still providing- SEO and WebDesign/Development services to tonnes of clients. For the record, I'll be 17 on the 31st of this month .... Abhishek
That attitude is precisely why you have to be careful with minors. That "I don't care if it's legal I'll do what I want" Actually, you need to care. You're entering into a legal transaction and you need to understand the ramifications of doing so - both legal and tax. It's not about trust, it's about doing things right. For some it takes a few more years to work that out.
@Oblivion, Watch your words, I know some of the best teenaged designers who are under-18.... and I even know adults who use templates .... I myselves am 16 and have done design works for many clients .. who have been satisified with my work ... so you can't talk of under-18 sites being template based solely .... Just my 0.02$ Abhishek