QuestionMy girlfriends elderly father is mentally faulty of making an clear decision and he just bought a new pick up truck in the Bohnahm area. They had to find the truck he wanted and when he came in the contract etc was totally different, the daughter believes they took advantage of him due to his age, 79, and his mental weakness, Alzheimer. She is asking me to help.
Is there a 3 day law of rescission ? or law of rescission which could apply in this case, I do not have any of the details, this is all I know,
ANY feed back is greatly appreciated.
I know this is difficult question,
Thank you very much.
Bruce Blackwell irving Texas.
AnswerHi Bruce; I do not know of any "law" that provides for a time period for rescission. I do know that a contract can be voided if the seller was aware of a buyer's diminished capacity, such as intoxication, or even perhaps, Alzheimer. One may argue, however, that if he had the mental capacity to pick out a vehicle to special order, that he was of adequate capacity. This question needs to be directed to an attorney in your state for an exact determination as to what would be applicable in Texas. In the meantime, How does HE feel about his purchase? Have you talked to the dealer about this? My suggestion would be, for him not to put ANY miles on this new truck until you decide what is going to happen. It may even be wise to bring it back to the dealer, until this gets figured out. He may be 'stuck' with it, but at least in the interim, it would be in the dealer's possession, safe and sound from any potential damage. Please let me know how this works out, or if I could be of any assistance. I wish to be of more help, but if the dealer doesn't offer any solution, you're best to talk to a legal expert.---Thanks,Jim Sears.
