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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My elderly brother (72) is partially handicapped and

Customer Question

My elderly brother (72) is partially handicapped and illiterate. He was taken advantage of by a local car dealer salesperson and was sold a car that he could not afford and did not qualify to purchase. His "Deal" was pushed through, even though his credit or ability to afford this car did not support the sale. His credit scores is very low and he was given an interest rate that reflects someone with very good credit??? He is now in a situation where he is delinquent and is at risk of repossession. His purchase of this vehicle resulted in undo financial hardship and has put his well being at risk. Do you think there is any recourse? It looks like the deal was pushed through improperly.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."

Unless your brother has mental difficulties, then this would be a binding contract. Just because your brother is handicapped does not mean that he gets special consideration to get out of a contract. And just because he is illiterate also does not mean the same thing. In short, if he voluntarily entered into this contract and whatever they discussed verbally is reflected in the contract (there may be an argument to make if the dealer changed the documentation when promising a lower price but actually signing him up for a higher one - let me know if you think this happened), then he is bound by the deal.

The fact that he should not have qualified does not mean the contract is void, either. A lender has the right to sell a vehicle to someone with low credit.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 10 months ago.
Is bankruptcy an option?
Expert:  Ely replied 10 months ago.

Yes.

If he files for a bankruptcy, then this will either void the debt all together or reduce it to manageable payments. There are two primary versions (chapters) of bankruptcy filings - 7 or 13. See HERE.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!