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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32325
Experience:  Began practicing law in 1992
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My father in law is a 77 year old disabled Vietnam Veterant

Customer Question

My father in law is a 77 year old disabled Vietnam Veterant Dennis Eakin in Killeen Texas sold him a 2017 Kia Sorento Ex on Tuesday November 22,2016 , Amy father did not understand a nod still doesn't understand why the sales manager won't take the sorento back he wants his venza 2015 back . They were told that he wasn't going to get the vehicle back. . My father in law is also on high blood pressure medicine and is. Type 2 insulin decent diabetic . Now he owes over 61,000.00 for a sorento ex .Is this legal
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes the sales person said that if he would leave the sorento there it would be considered a repo and they would have to auction of the car and it would go agains its credit and he would still be liable on what he is upside down. Today is my father in law and mother in laws 55 the anniversary she want with him at the time of sale and he is disabled due to his hearing he was by himself when the sales man and financial maker spoke with him
Submitted: 9 days ago.
Category: Legal
Expert:  Dwayne B. replied 9 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 9 days ago.

I read your facts, is there a specific question with which I could assist?

Customer: replied 9 days ago.
can Dennis Eakins aouto sales do this legally to a disable veteran?
Customer: replied 9 days ago.
Okay
Expert:  Dwayne B. replied 9 days ago.

There is nothing in your facts to suggest anything was done that was illegal. The part about repo'ing the car, auctioning it and him being responsible for any deficiency is the way the system works in Texas, so that's accurate.

The only thing I see that raises a question is as to whether he is disabled to the point that he couldn't adequately negotiate a deal or handle his own matters. The fact that he i a disabled veteran, the fact that he has medical issues, etc. aren't relevant unless they rise to the level of him being "incompetent" or "incapacitated" and unable to take care of his own financial affairs.

Expert:  Dwayne B. replied 9 days ago.

If that's the case, and he is incompetent, then someone would need to hire a lawyer for him and they could then file a lawsuit seeking to have the sale voided.

Customer: replied 9 days ago.
in other words , there is no such thing as the 3 day rule in Texas
Expert:  Dwayne B. replied 9 days ago.

There is no three day rule in Texas as to car sales. The only exception is if the car sale was made somewhere other than the dealer's place of business (such as an auto show).

Expert:  Dwayne B. replied 9 days ago.

The Attorney General has a page on their website which discusses this and I'd be glad to try and find it for you if you like but the "3 day rules" is very limited in Texas and usually only applies to door to door sales.

Customer: replied 9 days ago.
Sure please and thank you
Expert:  Dwayne B. replied 9 days ago.

It looks like they have reworded the page a little but if you read it then it is clear that a vehicle sold by a dealer on their lot is not covered. The web page is at https://texasattorneygeneral.gov/cpd/the-3-day-right-to-cancel-a-purchase

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  Dwayne B. replied 9 days ago.

The statute themselves are at http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.601.htm

Customer: replied 9 days ago.
Thank you so much for your help
Customer: replied 9 days ago.
Thank you so much , you have excellent legal skills
Customer: replied 9 days ago.
Have a great day! Many blessings
Expert:  Dwayne B. replied 9 days ago.

You're very welcome and best wishes to your father in law and yourself.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 9 days ago.
Where do I leave a positive rating
Expert:  Dwayne B. replied 9 days ago.

There should be a location there on the page that has stars or it may just ask if you want to accept the answer.

Customer: replied 9 days ago.
Got it . Thank you so much . All of my questions have been answered, and your rating is excellent! *****
Expert:  Dwayne B. replied 9 days ago.

Thanks much!

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