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Can minors do business with public companies?

Discussion in 'Legal Issues' started by boaster, Nov 15, 2010.

  1. #1
    I'm selling a website to a PUBLIC company, and now they're asking for my full name, address, and either a driver's license or passport. They say that as a public company they are required by their auditors for each purchase they make, and the identification is to confirm that I am not a minor.

    Is this a scam?
     
    Last edited: Nov 15, 2010
    boaster, Nov 15, 2010 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    A minor can generally back out of a contract so they have a valid concern. Their request alone would not be a sign of a scam.
     
    mjewel, Nov 16, 2010 IP
  3. nEquity

    nEquity Member

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    #3
    Of course they want your details. Its common due diligence, they are not going to buy without verifying who you are.
     
    nEquity, Nov 16, 2010 IP
  4. Business Attorney

    Business Attorney Active Member

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    #4
    As mjewel says, contracts to minors are generally voidable by the minor. The buyer is going to want to be sure that it really acquires title to the website it is buying.
     
    Business Attorney, Nov 16, 2010 IP
    wisdomtool likes this.
  5. vinay121078

    vinay121078 Active Member

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    #5
    contract with is minor is void, it's not valid agreement.
     
    vinay121078, Nov 16, 2010 IP
  6. Business Attorney

    Business Attorney Active Member

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    #6
    That is not correct, at least in most jurisdictions. There is an important distinction between a contract that is void and one that is voidable. A void contract is invalid and does not bind either party. A voidable contract, unlike a void contract, is a valid contract but generally is not binding on at least one party. If that party repudiates the contract, then the contract is void.

    A minor generally has the right to repudiate certain contracts. The contract with a minor is therefore a voidable contract. If a minor enters into a contract with a public company, the company would be bound by the contract, but the minor could choose to reject the contract. The company, on the other hand, cannot choose to reject the contract; it is bound.
     
    Business Attorney, Nov 16, 2010 IP
  7. AstarothSolutions

    AstarothSolutions Peon

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    #7
    Not sure the relevance of the "public company" but still.

    As has been said, minors can do business with whoever they want but the risk to the other party is the fact the contract is voidable. In the UK the exception would be for "essencials" - unfortunately our law's wording is that vague but common law shows it to be things like food, housing etc.

    What sounds stranger to me is the whole scenario; that a large company has seen a website and decided to buy it and has asked the person they are dealing with to provide a passport. I am also confused why you would think a large company is trying to scam you?

    Now parts of the story could be missing but having sold many things to many people both as an individual and as a company I've never been asked for any proof of who I am or my age even though it has included multi national banks which have much more stringent controls than a normal listed company and their auditors.

    The story doesn't add up to me
     
    AstarothSolutions, Nov 19, 2010 IP
  8. 00dacousin

    00dacousin Peon

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    #8
    I assume you have done your own due diligence and know that it really is who you think it is? check it is a real company and if they have contacted you via phone or email then check the contact details you have for them, if not sure go to the company's website, search via Google not a link they have given you, and contact them via the details on the corporate website to make sure it is all genuine.
    The fact that it is a public company isn't important but as people say a contract with a minor is voidable so they may want to avoid it. If this is the case transfer ownership to an adult you trust and do the deal through them.
     
    00dacousin, Dec 16, 2010 IP
  9. subdivisions

    subdivisions Well-Known Member

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    #9
    How much are you selling the domain for? If you think you can easily get someone else to buy it at the same price, might as well go that route.
     
    subdivisions, Dec 18, 2010 IP
  10. Veggie1232

    Veggie1232 Active Member

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    #10

    Well Said!! Thats what I was going to say!

    I always lied when I was younger about my age when doing business online with other people.. They never knew the difference.. The work got done and got done right!
     
    Veggie1232, Dec 18, 2010 IP
  11. nifty87

    nifty87 Member

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    #11
    A minor's contract is considered void-ab-initio i.e. dead from the beginning. It means that no one can enforce an agreement against a minor unless it is made for some legal necessity (your case doesn't come under exception). So the public company is right in demanding your particulars, otherwise it would be a risk for them to enter into a contract with you.
     
    nifty87, Dec 18, 2010 IP