How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4189
Experience:  30 years of experience
77476456
Type Your Legal Question Here...
Gerald, Esq is online now
A new question is answered every 9 seconds

I am 73 years old with vascular dementia. THE ALSHIMER

Customer Question

I am 73 years old with vascular dementia .I AM IN THE ALSHIMER STAGE. a used car dealer sold me a truck way over the value. can I get out of the contract? E MAIL ***@******.***
JA: What state is this in? And how old is the truck?
Customer: THE STATE OF VIRGINIA. The truck had over 100,000 miles on it when I purchased it. Can you help? I did not have enough brains to catch the problem. I had to retire from the federal government because of my dementia
JA: Has anything been filed or reported?
Customer: NO.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I WAS CHEATED BECAUSE OF MY MENTAL CONDITION
Submitted: 9 months ago.
Category: Legal
Expert:  Gerald, Esq replied 9 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 9 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

YES, you may challenge the contract on the basis of your diminished mental capacity. Contract law requires a "meeting of the minds." If one of the parties to the contract has suffered from a temporary or permanent diminished capacity such that they were not capable of giving knowing consent to the transaction the transaction may be voided.

See this article for more information on this topic:

http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html

You will of course likely have to sue to undo the transaction. But perhaps you can start with a complaint to the Virginia Office of Attorney General Consumer Protection. They may be able to assist you:

http://www.oag.state.va.us/citizen-resources/consumer-protection

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald