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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87557
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 90 year old father in law was talked into buying a small

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My 90 year old father in law was talked into buying a small ford car and trading his van... As family we r concerned that the car was not the right buy for him....he has trouble getting in and out of it ...is there anything we can do
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your father's situation. Can you please tell me:

1) How long ago did he purchase the vehicle?
2) Is this a new or used vehicle? Does it have any issues?
3) Has your father ever had issues with mental capacity?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
We just found out about it not sure maybe a couple weeks, it it a used car, no issues of mental capacity but feel he was pressured to buy something tha t was not good formhoim
Expert:  Ely replied 1 year ago.
Thank you for your clarification, friend. One last question - what state is this in, please?
Customer: replied 1 year ago.
Nebraska
Expert:  Ely replied 1 year ago.
Thank you.



On this website, I am afraid I do not always get to give good news, and this is one of these times. One can attack this from two sides: performance of the vehicle and his mental capacity.

Performance
If the vehicle is not performing, he may be able to get out of the contract (or at least demand a better vehicle) under lemon laws or implied warranty laws. However, you are telling me that the vehicle runs fine, so this is not an issue.

Mental Capacity
Simply because he is 90 years old in itself does not 'void' the sale in any way, or give him any extra time to cancel the sale after purchase. Nebraska has no 'cooling off' period for vehicles, and does not provide any extra time for seniors to cancel the purchase, either. The only way that he could cancel the sale is if he goes to court and argues that he did not have mental capacity to purchase the vehicle due to his age - a contract is only valid if the party had mental capacity to understand the contract. Homan v. Homan, 147 NW 2d 630 - Neb: Supreme Court 1967.

However, he may not wish to do this, of course.

But the purchase is presumed valid, and I am afraid that seniors do not enjoy special rights to void the sale aside from a possible mental capacity argument which must be made in Court, I am afraid.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces 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. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87557
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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