What if, anything, can be done if a car dealership leased a car to my father who is both mentally and physically impaired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What if, anything, can be done if a car dealership leased a car to my father who is both mentally and physically impaired?
He can barely walk let alone drive; he is 72 years old and has dementia, Parkinson’s disease and curvature of the spine. We haven’t allowed him to drive in 5 years. Yet he got himself to a dealership that leased him a car. I know that what the dealership did was not illegal, but maybe immoral? Can we return this car to the dealer and get out of the lease; it’s only been 12 hours? We called the dealer who said they would take the car back and would come get it but never showed up.
Asked on June 6, 2015 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The law does not prevent people from making decisions, or others from doing immoral things, so selling a car to a physically disabled person who cannot drive is legally fine. But if your father is mentally incapacitated (e.g. dementia), then the contract to lease the car may be void for lack of capacity. If you could show, such as through a doctor's testimony, that your father was not mentally compentent when he entered into the lease, you could get a court to void the lease (deal off; car is taken back; father gets money back) by filing a legal action (lawsuit) if the dealer will not voluntarily take back the car.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.