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re: Elderly man spends 20k on ATV; family upset with dealer
Posted on 5/22/17 at 10:51 am to Tiger Prawn
Posted on 5/22/17 at 10:51 am to Tiger Prawn
quote:I doubt that is what they have to prove. If he lacked capacity to enter a contract, the dealership's knowledge is likely immaterial and the contract would be void or voidable in many jurisdictions. Not sure the law in this jurisdiction.
then it would be even harder for the family to prove they knowingly took advantage of someone with a lack of mental capacity to make the purchase.
2
Posted on 5/22/17 at 10:54 am to PearlJam
Remind me to get shitfaced and go buy that AMG merc this weekend.
I can return it on monday.
I just can't stand the way kids act when they smell an estate. It's breathtakingly trashy.
I can return it on monday.
I just can't stand the way kids act when they smell an estate. It's breathtakingly trashy.
Posted on 5/22/17 at 11:27 am to PearlJam
quote:
If he lacked capacity to enter a contract, the dealership's knowledge is likely immaterial and the contract would be void or voidable in many jurisdictions.
I'm not sure.
But if you're right, then it sucks for the dealership if they sold it to the guy without any indication of anything being wrong with him. If the family gets the contract voided somehow and forces the dealership to issue a refund, then the dealer gets stuck having to take a big loss on the depreciation when they try to re-sell it as a used model.
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