Recently, on a web forum, I, living in an area where I could
obtain certain
deals on computer parts, agreed to ship items to people for $5
above cost,
mostly as a courtesy, not necessarily for the money. One
potential customer
wanted instead of using paypal to send cash, which I strongly
recommended
against. I also found out he was only 15.
Are there any legal complications involved in receiving cash
transactions?
Theorically, it seems it would be better for the seller, because
after all,
the buyer, in order to sue me would have to prove he or she sent
me the
money and furthermore, I would suppose, that I received it and
didn't ship
the goods. Not that I am planning on cheating anyone, but just
observing
that it would seem harder to win a case against me. However,
even though it
seems better in theory, I would guess it practice, it would be
far worse.
Sending cash is the buyer's risk, not yours. You should tell the
buyer that if the money is stolen by a postal employee or
whatever, you won't ship the goods and its not your problem. You
should also tell the buyer that a money order would be safer, or
Western Union, or a check written by a parent or a friend. Also,
you can do what most sellers do, and specify "Don't Send Cash."
The other question regards selling to a minor. Under what
circumstances can
a transaction be voided and I be forced to refund the money and
what would I
have to do to protect myself? Should I tell this individual his
parents
must purchase the item? Should I request written permission
from a parent?
What if I am unaware the individual is a minor? Would it matter
if he or
she used fraud to misrepresent her or his age? If I ask the
person's age
and they claim to be 18 or over, and I in good faith execute a
transaction,
could I be forced to refund the money still?
I am asking this partly because this is not really a business
and it would
hardly be worth the $5 to run that risk. Furthermore, after 15
days I could
not return the items to the store myself, and would be stuck
with them,
should I be forced to refund the money.
Minors can enter into contracts. Their contracts are valid as
long as they last. The only difference is that minors have the
right to dissaffirm their contracts. That means they can cancel.
There are variations from state to state. One variation is
whether they have to give back the goods in order to get the money
back. So it would be safer for you to decline to sell to a minor.
That's another reason to insist on a check. If you were in
business, you might decide the risk is pretty small and go ahead
and sell to minors. But if you are not making profits, you might
decide that there is no incentive to take any risk.
McGyver
