Is a garage sale purchase really final? Q: We bought an item at a garage sale. Turns out it is much more valuable than we thought. Well, guess who contacted us? She says her husband made a mistake even including it in the garage sale, and they will return our money to get it back. Are we required to do that? — D.B., Redondo Beach

A: The item was for sale, you offered to pay for it, and that offer was accepted. This is a bargained-for exchange, and it would sure seem that title transferred to you. To undo the deal, there would have to be some legal basis. California Civil Code Section 1689 provides that a contract may be rescinded if all the parties consent, or if consent was given by mistake, or “through duress, menace, fraud, or undue influence.”

In sum, the seller can try to make an argument under Section 1689 to rescind, but in my view the deal is done. You paid what was agreed upon; if the seller made a mistake, why should that void the deal? You could be gracious about it, and work it out in some manner, but legally I think you have the stronger position. Garage sales are a bit “catch as catch can,” right?

Q: My son signed up with a local gym. He just turned 17. I have talked with them, and they are nice enough, but it’s not something we want to pay for. For all I know, he told them he was 18. Is there a way out? — K.B., Signal Hill

A: In California, your son is considered a minor until he reaches the age of 18 (Family Law Code Section 6500). With limited exceptions (none of which would appear to be relevant to the contract you describe), “a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards.” (Family Law Code Section 6710). The way out, as you put it, is for your son to inform them in writing he disaffirms the contract (if need be, you can write them as well).

Q: Is a handshake a binding contract? I talked something out with my landlord, and sure thought we were on the same page (and we shook on it). Now he says that isn’t so.  — L.S., Lennox

A: Oral contracts can be a challenge to enforce, and in some instances might not be enforceable, particularly if the law requires the deal be in writing. That said, is there any witness to the handshake? Is there any paperwork and/or conduct growing out of the handshake that you might be able to bring forward to show it really was agreed upon? A contract arises on the basis of mutual consent with consideration to support it. I want to say a handshake, even in this modern era, can be upheld as a valid contract, but that may be a real stretch.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.