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My husband co-signed for a motorcycle with my son without consulting

me. He has dementia and...
My husband co-signed for a motorcycle with my son without consulting me. He has dementia and can not make sound decisions. We went back to the dealer the same day to return the motorcycle. They would not take it back.The motorcycle has 40 miles. What can be done as far as returning unit based on my husbands mental state?
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Answered in 2 minutes by:
5/14/2013
BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
Verified

BizAttorney :

Good evening! I can help you out with your legal question tonight. I'm sorry to hear about your husband's dimentia.

BizAttorney :

Do you have a doctor's note or report that supports the fact that he has dimentia.

BizAttorney :

?

Customer:

yes

Customer:

he was diagnosed with in 2011

BizAttorney :

I understand. You should make a copy of that letter and take out the personal information other than his name and then write a letter to the dealership. Return the motorcycle and in the letter, write that if they sue, then you will counter sue for damages and attorney fees.

BizAttorney :

If you know an attorney, it will mean more if he/she writes the letter and attaches the doctor's evaluation.

BizAttorney :

Basically you are returning the motorcycle and writing a letter with your position. Then if they sue him, he can counter sue for damages and request attorney fees.

Customer:

I understand

BizAttorney :

That is mostly all you can do, and then that sets you up to win fees if you get sued pursuant to the purchase contract.

BizAttorney :

Did you have any other questions?

Customer:

If they don't except the offer. How long will it take if it goes to court do you estimate?

BizAttorney :

It just depends, they have years in which to bring a suit against him. They likely won't do anything if they don't move in the first 3 months though.

Customer:

When we brought the back back to the dealership that same day and explained the situation, mental state and all, they said there was nothing they could do. We left the bike at the dealship and Ill bring the letter from doc tomorrow.

BizAttorney :

Yes, they are not legal, so there is nothing they can do. They will talk with their lawyers though and your letter will help avoid litigation.

Customer:

Oh I see.

Customer:

I think that's it then.

BizAttorney :

I would suggest mailing a letter via certified mail and attach the doctor letter that way. Then if a suit begins, you can show the court you already told them of his dementia and inability to contract.

BizAttorney :

Ok have a great night and please leave me feedback before you go. Take care!

BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
Verified
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BizAttorney
BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
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