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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 33235
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mentally ill son on disablity went into a dealer and signed

Customer Question

My mentally ill son on disablity went into a dealer and signed a 19.19 interest rate to buy a car about 24 hours ago. Can he cancel this purchase?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: My son wanted to drive an Uber. He was directed to Grossinger Ford in Lincolnwood to lease a car but he wound up being talked into purchasing a 2016 Toyota Corolla at an almost 20% interest rate with monthly payments of nearly $500. He also signed up for a Ridesharing Insurance policy. He has schizo-affective disorder and has never been able to work. He receives Social Security disability of $800 monthly. He tried to cancel this sale and was told there is no colling off period.
JA: Is there anything else important you think the Lawyer should know?
Customer: The sale took place about 9 p.m. last night
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Has son been declared legally incompetent by a judge and had a guardian appointed for him?.Does son have any assets other than his disability income?..thanksBarrister
Customer: replied 5 months ago.
He has been declared incompetent temporarily on several occasions when he was hospitalized against his will. He doesn't have a guardian.He has no assets other than his disability.
Expert:  Barrister replied 5 months ago.
Ok, if he hasn't had a legal guardian permanently appointed for him, then from a purely legal perspective, he is still considered legally competent. And as a legally competent person, he is able to enter into contracts and be bound by them..However, as a practical matter, if he has no assets, then if he returns the car and walks away, they can't really do anything to him because his disability income is exempt from garnishment under federal law. So there wouldn't be any point in them trying to sue him to get a judgment because they couldnt' collect it..If he returns the vehicle, then they will likely just cancel the transaction rather than incurring several thousand dollars to sue someone that they will not be able to collect from...thanksBarrister
Customer: replied 5 months ago.
So you suggest that he just returns the car to the dealer, whether they agree to cancel the contract or not?
Expert:  Barrister replied 5 months ago.
Yes, there is not anything that they can really legally do to him since he has no assets and no job and his only source of income is exempt under federal law from garnishment...thanksBarrister
Customer: replied 5 months ago.
Thank you. This is useful.
Expert:  Barrister replied 5 months ago.
You are very welcome. If you wanted to kind of drill this down permanently, if you went with him to return the car and then spoke privately with the manager of the dealership and let him know son's status, then this is likely the last you would hear from them as they won't bother trying to come after son...thanksBarrister