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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32913
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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My Mom recently bought a used car in North Carolina. The agreed

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My Mom recently bought a used car in North Carolina. The agreed price was 13,200 with 4000 down that would leave 9,200 to finance. When it came time to sign she was taken into the finance office alone and told that due to the "Patriot Act" I was not allowed to be present. I was told the same. The finance lady then proceeded to finance at %6.59 apr. without checking Mom's credit, saying "Oh that would only save a few % points. The worst is that she then went through every possible add on she could think of totaling roughly $3,800 almost her entire down payment. So, aside from immoral, I know it's business, is any of this illegal; particularly the part about "The Patriot Act"?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

No, there is absolutely nothing in the Patriot act that mandates that no one can accompany someone else into a finance office. Nothing even close.

JD 1992 :

They just outright lied.

Customer:

Does this void the contract?

JD 1992 :

No, it wouldn't automatically void the contract but if there was some question as to your mother's ability to understand and agree to the terms then it might make it "voidable".

JD 1992 :

She would have to sue to have it declared void.

Customer:

yuck...Well she is a disabled veteran, a senior citizen. She worked as an RN for over 30 years. I have a degree in Business Law and both she and I requested that I be present.

JD 1992 :

I think that they should definitely be reported to the state licensing agency and the attorney General for deceptive trade practices but to get the contract voided you would have to prove that your mother was unable to understand what she was signing.

Customer:

Reasonable person standard of understanding huh?

JD 1992 :

Correct.

Customer:

okay, well thx for your time. not sure whether to pursue any further though; this was 13 days ago, does that have any bearing?

JD 1992 :

No, such a short amount of time doesn't have any bearing.

JD 1992 :

You're welcome and best wishes. Even if she doesn't file a lawsuit she should certainly file a complaint as well as go onto Yelp and the other internet websites and post information about their crooked dealings.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

kk thx

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