Need Advice

[cycleguy55]

I'm not a lawyer, so keep that in mind, but my view is that if she has been certified as 'mentally disabled' it may be possible to have the sales and loan agreements voided. The argument would be she is incapable of understanding such agreements and the dealership took advantage of her. Similarly, the bank should know better.

It would seem the level of mental disability or impairment is critical, so legal advice would be valuable - but it seems to me there's a reasonable probability of having either or both of the sales and loan agreements voided.

[Ron61]

That sounds like a rip off from the word go. Their master mechanic was probably lying as he works for them. I tend to agree with what Cycleguy said. If they push it, I would consult an attorney and get legal advise. Be sure to keep copies of all papers and any correspondence you have with any of the parties involved in this mess and also if you talk to them take a recorder and inform them that you are recording all conversations.

Ron

[1795]

I would consult an attorney regarding her capacity to make that loan. Does she have a guardian? Be careful, everything in life is a double edged sword. If it is determined by a court that she lacks the cognitive capacity to have signed for that loan it may get her out of that loan, but it will also negate her ability to make future financial arrangements and the court will look to appoint a guardian for financial matters. Be careful and ask a lot of questions before moving forward.

Also, check with the state banking authority and see if there is any way that you can go after the bank for approving a predatory loan.

Good luck.

Jim