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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My brother purchased 2 cars tried to purchase 3, but thankfully

Customer Question

My brother purchased 2 cars tried to purchase 3, but thankfully he was picked up by Mental Health Police and put in a Mental ward . Are either of these contracts valid? Talking to him right now is very difficult. We found out he is bi-polar and he was in a mania mode. He is in his late 50's and we never saw behavior like this before , he charged 20,000 in 2 weeks and bought 2 vehicles while trying to buy a 3rd, and then turn the 1st vehicle in for a 4th. He had 2 minor fender benders and 2 speeding tickets during this time also. I am at my wits end trying to unravel this mess. Both of the vehicles are in impound , fees going higher daily. Because both ran ut of gas but he thought there was something wrong with them. So he just was going to purchase another. He makes $1500 a month, and yet he was allowed to purchase one vehicle for 700 a month and another for 800 a month. And he was purchasing a 3rd for 900 and it would have gone thru except he got stopped at DMV, he lost his license and had to get a new one. He was acting erratic and they called the police. Thank you for your help
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Dear JP, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

You asked the following,

 

"My brother purchased 2 cars tried to purchase 3, but thankfully he was picked up by Mental Health Police and put in a Mental ward . Are either of these contracts valid?"

 

 

Answer

 

In order for a contract to be legally binding and enforceable, both parties must be over the age of 18 and have legal capacity. "Legal capacity" means that the individuals must understand the nature and consequence of their actions and must intend to enter the contract. An individual who lacks the ability to understand the nature and consequences of his actions does not have the legal capacity to enter into any contract. One who is mentally incapacitated cannot understand the nature and consequences of his actions and cannot, therefore, enter into a legally binding contract. Your brothers actions appear to fall within this category and, he, therefore, lacked the requisite mental capacity to enter into a legally binding and enforceable contract. None of the contracts your brother signed would be legally enforceable against him by any of the dealers,

 

______________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,



ANDREA



 

Expert:  Andrea, Esq. replied 4 years ago.


Hi, JP, I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise I will not receive credit for assisting you. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,

 

______________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA