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My brother (diagnosed schizophrenia) bought a used truck two months before he died this year. Whoever he bought the darn truck from imo is despicable that he gave my brother a bad deal, but unfortunately my brother signed the contract. We knew (he & I) my brother was going to need a new vehicle and for months I told my brother not to make any deal without me there.

I read the entire contract as I was looking for a reason to reverse their contract.

I did not find any reason.

In reality those salesmen generally don’t discriminate on who they rip off. If a 70 y/o man drives his own vehicle to the dealer to get a vehicle (my brother) the salesmen isn’t going to administer a competency exam. They are hoping to sell a car.

I gave the truck back to the bank. Not worth the fight in any court. My brother could determine good from bad, etc at the time he signed the contract. I just realistically looked at the entire issue and was it worth the fight & decided not to pursue anything from the dealer.

Matter of fact, after the sale the contract goes to the finance department for processing. The salesman is essentially out of the equation.

Now of course they are attempting to get the money from “his estate “ (had none) & me as his sister. I didn’t and won’t pay them squat.

Choose your battles- this one may not be worth it as it will take lots of time & money. I let it go (although it pained me immensely). Jmho
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blueberrybelle Nov 2019
Correct!

You, his sister, is not liable unless you also signed the contract.
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Several years back, I had a similar experience regarding my aunt. I contacted our local Department of Elder Affairs and everything magically resolved within a week.
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blueberrybelle Nov 2019
In what state are you residing?
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OP has not responded since Oct 15
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Ask an attorney.

Did the dealer know about or should the dealer have known about the "possible" dementia?

Has there been a physician's diagnosis? If not, how could a car dealer make one? That's not the responsibility of the dealer unless it was perfectly "obvious" that the person had diminished capacity and was unable to sign or make an agreement, in which case, except for the fact your guy has the car, there is no agreement.

Does your in-law's friend have much to leave in an estate? Can he afford the payments?

THIS is why dementia sufferers need a guardian or someone with a solid POA.

Call an elder-law attorney. If there is a way to return the car with notice of the reason, an attorney should know it:

National Academy of Elder Law Attorneys
https://www.naela.org/findlawyer
naela@naela.org
NAELA Council of Advanced Practitioners
1577 Spring Hill Rd., Suite 310
Vienna, VA 22182 
703-942-5711
naela@naela.org

Recommended in Colorado:

M. Carl Glatstein
Glatstein & O'Brien LLP
2696 S. Colorado Boulevard, Suite 350
Denver, Colorado 80222
www.DenverProbateLaw.com
(303) 757-4342 
Fax: (303) 757-4570
Ainsle Rittich, Legal Assistant
Ainsle@denverprobatelaw.com
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JoAnn29 is right. OP has not posted since October 15.
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