Legal Question in Consumer Law in New Jersey

Taken advantage of

My 19 year old daughter, who is suffering from major depression, OCD (obsessive compulsive disorder), split personality disorder and other illnesses, went to a car dealership yesterday and traded her 2006 Chevy Cobalt for a USED 2005 Nissan Altima with 40,000 miles on it, various dents and scratches and busted taillight. When she came home from Rt. 46 Auto Mall with the car, we were outraged at her actions. She explained to us that she was having trouble with her car in the morning and decided to go take a look in their lot. She was greeted by a ''Young and cute'' salesman, who told her how ''PROUD HE WAS OF HER BEING ABLE TO MAKE THIS PURCHASE''. Of course, my daughter is at fault, as well as the salesman and his ''persuasion''. Her father went back to the dealership last night to speak to them about this problem, and of course, no one was available to speak to. This morning we drove back up there to be told that she is stuck with this car, 7 years of payments @ $299/month at 12% interest because she is an adult and can make her own decisions. We told them of all of her illnesses and that she is being treated by a psychiatrist, psychologist, social worker and is attending classes to help her get stronger to fight these disorders


Asked on 5/29/07, 1:40 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Taken advantage of

You have a fight on your hands. It is possible that a sharp letter from an attorney MIGHT get them to back off. Maybe.

You may have some recourse, something more practical than a lawsuit trying to prove that she was unable to act as a competent (mentally competent) adult.

Is this a lease or purchase? That may make a difference.

If you would like to get an attorney's assistance, call me. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/29/07, 1:50 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Taken advantage of

Unfortunately, unless you have been legally named as her guardian, she is an adult and is bound by her actions. On the otherhand, if you bring medical documentation as to her condition and talk to the sales manager, you may be able to convince them that taking the car back is better then invoving the media. If you think a strong letter from an attorney will help, please call me. However, my experience is that it won't be as effective as a call from a reporter.

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Answered on 5/29/07, 2:14 pm


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