Hello, I'm signing up for a personal premium account so I can sell on eBay. However, I am only 17, but I have a credit card. IF I say that I'm 18 on PayPal but I'm really not, will they ever find out?
They will verify your age after you do over 1000$ total value exchanges...i am in the same situation but i did not yet send or recived over 1k$ total amount until now.
I'd have to go digging for a reference, but if you have a credit card and the names match, it's legally assumed that you're "of age" meaning an adult. Granted this was a few years ago so it may have changed. Lots of strange laws here in the US concerning children online.
Does this mean $1,000 at ONE TIME or a running total of $1,000. Say I'm selling something on eBay, and make $1,000 a month. Will they check to verify my age?
Its an amount set for a running total, once you reach that they will limit your account and stop you sending or receiving funds into the account.
The bigger picture is that you cannot legally enter into a binding agreement with a minor (under 18). it is illegal. I know it's done all the time, because minors don't identify themselves as underage, and most people don't think to ask, but technically it is not enforceable. In most situations people sue the parents, sine they are legally responsible for their kids actions. Just something to think about when you are selling on Ebay..play it straight or you could drag your legal guardians into a mess.
Contracts made with minors are enforceable unless voided by the minor. There different rules in different states although most follow the same general rules. In California, a contract entered into by a minor is voidable by the minor. That means, the minor can hold the other party to the contract if they so chose. Further, unless the minor moves to void the contract it is legally enforceable. These laws are to protect the minor. If a minor enters into a contract the other party has no right to void the contract on that basis that the other party was a minor. In addition, there are areas where minors are specifically allowed to make contracts and they cannot be voided by the minor. Examples are: * Contracts for necessities such as food, lodging and medical services * Statutory exceptions including insurance contracts and student loans One last point. Once a minor is old enough, he can ratify the contract losing their ability to void it. This does not have to be by expressly ratifying the contract but can happen just by failing to disaffirm the contract or by keeping the benefits of it.
Very Interesting Browntwn., Thanks for the info I didn't know that. So how does that apply to selling items on Ebay ? Which law is enforceable if the minor is a CA resident. CA Law, or what ever the law is where the buyer lives?
As you mentioned, minors engage in contracts all the time so I imagine this would only come into play if there was a problem with the deal. In that case I see two scenarios: 1. The minor is not satisfied with the other sides performance and has two options, enforce the contract or seek to have it voided on account of their age. Just like every other legal matter, it would almost never be worth going to court to enforce or void unless there was a lot of money at stake. 2. The non-minor party is not satisfied with the deal. He can sue to enforce the deal. (Again, unless there is a lot of money at stake it most likely wont be worth it.) If he does sue to enforce the deal, he runs the risk that the minor will seek to simply void the contract. However, if the minor does seek to void the contract they have to return all the benefits they received under the contract. Let's say a minor get a hold of a parents credit card and makes telephone purchases for thousands of dollars of video games from a retailer who says no returns under any circumstances. In that case, the minor could seek to void the contract and return the games. If he resold one to a friend, he would need to pay for that one. It is not like the minor gets a free pass to screw people. The idea behind the law is that a minor is at such a disadvantage in a contract negotiation and is likely unsophisticated that they are targets to be taken advantage of. The law tries to discourage people from making contracts with minors, although to my understanding it is perfectly legal, you just run the risk that the minor tries to back out. The law is basically a tool to keep a minor from entering a horrible contract and not being able to get out of it. I think its application to ordinary purchases like on eBay are limited or non-existent. However there was a story in the news last week about some kid, I think like 5 or something, who got on the computer and saw a tractor for sale on ebay and bought it. It was not a toy, it was a real tractor for like $20,000 dollars. If the other party tried to hold him to that deal it would be the type that where these laws would come into play. (that particular story is not from the US, so I have no idea what laws would apply in reality, but just used it for an example I am not sure as it probably depends on other facts who has jurisdiction. I am fairly sure the minor could always bring an action in CA to void the contract.
Alot of minors I've dealt with lie about there age and will not prove it so I just ignore them and they get quite upset. But yes, paypal verified my age via my bank account. Also, the laws are there to protect the younger but I recall seeing a minor who sold fake basketball jersys and shoes to a women and she contacted him via the phone and he had his dad talk so she believe he was eight-teen. He lost big time in court.
Thanks browntwn for the legal lesson, that's fascinating. I think I was 17 when I first opened my paypal ac, cant remember rightly. But I certainly can't remember any age verification. If you've got a CC in your name, that's acceptable.
I do not remember anybody was asked by Paypal to prove his/her age. They are always interested in documents establishing the genuineness of an individual like CC statements and utility bills. I have never heard about them, asking for age proof! Regards, RightMan
If you verify all your details then you wont have a problem like very your bank account with them and credit card less chance of them asking you to verify anything after that.