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My father has had a TBI and has early signs of dementia. They went to look at leasing a car and were coerced into signing a lease. They were definitely taken advantage of. They never went back to pick up the car and said they wanted out of deal. Well, the dealership was livid and verbally abusive on the phone. They became scared. We live in Mass. Is there anything we can do so they are not financialy liable? What will happen if they don't do anything? I've contacted a lawyer but any advice is helpful. They actually went unbeknownst to me and leased another car. They care for my disabled sister financially and I'm nervous this could hurt them financially.

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Don't think they have to respond to everyone but would be nice if they came back and thanked us as a whole. Its been over 2 weeks and the OP must have done something by now. Update would be nice.
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Isthisrealyreal May 2022
I agree about individual responses, just an update or something is what I meant.

It makes one wonder if they should bother answering questions when you don't know if you are being helpful or not.
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Another drive by poster. 26+ people offered their help and not one word from the original poster. So sad that posters can't take a minute and say something to everyone that tried to help.
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AlvaDeer May 2022
I so agree. This is becoming so much the norm at this point that I question whether or not these posts are even real people. Then there are the ones who give a title that is ridiculous, no details, and never responds.
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If he has an actual diagnosis of Dementia it is possible that his signature is not legal for a contract.
If you have a written diagnosis that is dated prior to the signature on the contract bring it with you when you talk tot he attorney.
But then they went ahead and signed another lease with another dealership.
I would begin the put a tighter reign on their financial doings.
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Anyone who has specific legal questions should always contact an attorney. Do NOT rely on an advice column. Remember, " there are as many opinions as there are ..... "
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Dementia,

Have you been able to help your parents?
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I just looked to see if Massachusetts had a "buyers remorse" law that can allow the contract to be cancelled after three days. Mass.gov has this info:

What should I do before signing my contract?
Be sure to review the terms before signing any motor vehicle sales contract and financing documents. Check to make sure that the amounts, rates, and add-on items in the documents match what you discussed with the sales representative. Additionally, you should make sure that the information on the financing documents matches what you put on your application and that the terms are affordable. 
You must be given copies of sales and financing documents at the time of purchase. Before leaving with the vehicle, make sure to request all documents and review them to ensure that they are accurate.
Learn about the history of your car
When purchasing a used vehicle, you can use the vehicle’s make, model and Vehicle Identification Number (VIN) to check for open recalls with the National Highway Traffic and Safety Administration. You can get a vehicle history report using a free service, but be aware those reports are not always accurate. You can also obtain a title history report through the Registry of Motor Vehicles.
Having an independent mechanic inspect the vehicle is also a good way to make sure you are not purchasing a defective vehicle. 
Can I cancel the purchase of my car?

You do not have a 3-day right to cancel your purchase of a new or used vehicle if you are unhappy with the vehicle. Once a contract is signed, it is considered legally binding. However, you should still review all the terms of the vehicle sales contract or other written agreement to see if there is any part of it that would allow you to cancel the contract after it has been signed.
CONTACT
Attorney General's Consumer Advocacy & Response Division
 Phone
Consumer Hotline Call Attorney General's Consumer Advocacy & Response Division, Consumer Hotline at
(617) 727-8400
Monday-Friday, 8 a.m. - 4 p.m.
 Online
File a consumer complaint 
more contact info 
RELATED
File a consumer complaint 
Feedback

I am not sure this helps, but it does have numbers to try to help resolve issues.

Also, if possible, lock their credit so this won't happen again. It's probably the only thing that can stop it. An Attorney is your best option.
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Collectors are ruthless but we have rights too. I collected for the companies I worked for. I really had more leeway than a Collection agency but I was working with customers. Collection agencies have strict guidelines they have to adhere to. Once you tell them "its in the hands of a lawyer, please stop calling" they have to stop calling you. If you say "I will send you a check on the 25th" they can not call u until the 25th, again. They cannot threaten unless they are going to follow thru. The FTC oversees collections.
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The debt collection playbook on auto is pretty ruthless. You need to find a consumer law type of attorney for your folks and soon. Not a DIY imo.

Fwiw 60ish lady across street from my mom had early dementia and leased a car. (Probably was taken advantage of) She went downhill fast, unable to pay her bills or do basic ADL stuff; moved out & over to live w niece abt 6 months after lease started. Car parked in garage & house unoccupied. Niece called finance co on car and they essentially were not interested in ending the deal or getting the car. It went on for abt year & 1/2 and then got repo’d (garage miraculously became unlocked). A judgement for the full amount of the lease placed on her as car was considered “junk” value. Apparently this is the standard predatory behavior dealerships do. If this had been a State other than TX or FL (very pro property rights States) that judgement would have gotten placed on her home and when house got sold the $ value of the judgement paid to whomever held judgement.
And that Dementia78 is what I’d be concerned about…. That finance co will seek a judgement against your dad for full value plus fees and whatever BS they can attach to thier filing at the courthouse. If your dad & moms only source of income is SSA $ or a civil service type of pension, those are protected from any seizure from a creditor EXCEPT for the IRS or State tax authorities. ((IRS / State tax are “super creditors” so can actually do this, but most folks unaware this is the case)). But the debt collectors will hound your folks till forever nevertheless, will say anything to cause fear and eventually will place the judgement $ amount onto any real property your folks own. I’d be very concerned that dad or mom in fear signs off on a repayment plan.

Personally imo stuff like this isn’t the usual debt collection complaint that one can deal with if done within 30 days of debtor letter type of stuff. It’s contract law on real property, and that auto lease contract is not written in buyers favor ever. Ya need an atty to do this and while at it, they get an associate of theirs to do whatever paperwork to have you become guardian on your folks or do whatever to have you in charge of parents financials. It will be challenging but necessary. Good luck.
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Lovemom1941 May 2022
To avoid this in the future, I’d put a “hold” on their credit so you are notified of any credit check and they can’t get credit unless the hold is removed.
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I'm aware of this happening in my extended family. I believe it was a car purchase as opposed to a lease, but in either case.....

Relative left his home unaccompanied in motorized wheelchair and went down the street to the car dealership. This relative had some obvious disabilities and common sense should have somehow prevailed here. I do not believe he had a valid license (he had not driven for many years prior to this) or insurance. He promised the dealership a cash deal and I don't know at what point the deal was discovered by a relative and stopped. It must have gone pretty far because I know the dealership had to be threatened with legal action, but I don't know if anything actually had to be done legally.

I know the salesman obviously needed the sale. I know several non-driving people who DO have car in their name. I know discrimination is wrong and we should not make assumptions about others' capabilities. If I could truly post the full details on this forum, I think most would agree that salesman took advantage of the situation. This is wrong. I do hope salesman pursued another line of work going forward.
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This same thing happened on my last caregiving position. The elderly husband has leased a vehicle before I started. Then he leased another because he didn't want the first one. He had early stages of dementia. Then he was diagnosed with cancer and dementia worsened fast. He couldn't drive anymore. Both leases had to be paid off.
Your parents are financially liable because they signed a contract. A lease is a contract and yes, it will hurt them financially if they do nothing don't pay the lease. In fact, it will ruin their credit for at least the next seven years.
Please go with them to the dealership they leased the vehicle from. They might make a deal with you to settle on a lesser amount that agreed upon if your parents never took the vehicle.
Please don't try with the verbal abuse or the scaring of your elderly parents angle. That will get you and your parents nowhere. Try to negotiate a buy out with the car dealership. Then take over your parents finances. They are incompetent if they do things like this. Maybe bring in some help for your disabled sister too.
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Dementia78: Your best advice is the legal source from your attorney.
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Check with your community. Many states have "lemon laws" that allow buyers to return vehicles. If not, check with a lawyer in the area they bought the vehicle, since it might come under elder abuse or fraud.
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JoAnn29 May 2022
Her parents did not pick up the car. They went to another dealer and leased another one. Lemon laws have nothing to do with this scenario. Thats for cars with constant mechanical problems.
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They would have to have full coverage insurance before leasing a car. Who is paying for that?
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Please contact an Elder Law Attorney about elder abuse and whether the state has any protective laws that could help you put a $1000 limit on their credit report for any potential leases or purchases (presuming you have a medical diagnosis from the doctor)?

On the flip side, your parents are, or should be, collecting Social Security Disability Insurance (SDDI) funds for your sister; that could pay for her transportation (e.g., a van that can be used for her). When they pass, YOU may be called up to take care of her and to get her placed in an appropriate setting where you can visit frequently, but not end up being her nurse.
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JoAnn29 May 2022
SSD does not pay for transportation. Its Social Security and if she has never worked its based on her parents earnings. Since Medicare comes with it and Medicaid can be gotten, Medicaid is where the the transportation comes in. Office if Aging can provide transportation for a disabled person. My nephew is disabled.
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Since you've contacted an atty, I'm sure atty has a way to notify dealership about medical issues that left dad with difficulty understanding what he had signed. Financially - if they have leased any car that they can't afford, then yes, it's going to use money they can't afford to spend.
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I believe a person with dementia cannot legally sign a contract but your lawyer would know.
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I'm getting the strong sense that maybe your father was always the one that made the financial decisions, large purchases etc and your mom didn't feel like she could tell him no in this instance? Maybe I'm wrong. The reason I ask is because - while your father's judgment and decision making may be impaired from the TBI, it does not sound like your mother's ability to make decisions is impaired. It sounds like she is competent to make decisions but is led by your father to some degree?

A dealership is in the business of making money. They do the necessary background checks, credit checks, required to ensure that the buyer(s) in front of them are creditworthy to take on the payments for the vehicle. They had two people in front of them that legally signed a document assuming the responsibility to pay for a vehicle. That is the agreement on the table. As long as your mom was competent to sign I wonder what the legal ramifications are around this even if your dad wasn't.

My heart goes out to you, it really does. It doesn't sound like your dad is able to make good sound decisions anymore and maybe your mom is very used to him being the decision maker which is a hard spot. We recently went through a somewhat similar situation . FIL wanted to take out a loan, we (his caregivers - SIL, BIL, DH and myself) were NOT in favor - but we do not get a vote as he is competent (no dementia documented - age related decline, at this time immobile, physical decline only) to make his own choices no matter how ill advised. It was clear that even the loan company had some concerns as they asked if anyone else would be on the loan with him (NO). And finally he was asked to provide documentation from his doctor as to his competency to sign documents assuming legal responsibility for debt. His doctor provided said documentation. (we still question this, but he provided this documentation). After this - because everything else checked out, the loan company approved the loan. They had no basis on which to deny him the loan at that point. But I fully believe if the doctor had given them a reason to question his competency they would have been able to deny it based on that or found some way around approving the loan because it was clear that the loan officer had concerns. That letter from the doctor was her covering her rear end if things go south. I don't know if what they did was even legal or discriminatory against him, but quite frankly given the way he behaved on the phone I'm glad they asked him for it because had it been me I would have wanted to cover my rear end too.

I say all of that to say this - the concept of what we believe is competent and what the law believes is competent is probably pretty broadly different. We see our loved ones and see the changes and watch the changes and see them lose their ability to make good decisions. The law defines it very tightly. It is a legal definition. It doesn't matter what we think is competent. I wouldn't have given my FIL a dime. But legally he is competent to make whatever ill advised decision he wants.

I would certainly invest the energy into a lawyer consultation and see what could potentially be done to back them out of this, but I wouldn't hold your breath and as others have suggested, a buy out may be the only option.
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Regardless of semantics, the question is: How to get out of it? I wonder if a lawyer can help, but that would mean more money spent.
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BurntCaregiver May 2022
Their best bet would be to try to negotiate a buy out arrangement with the dealership for the vehicle they never picked up. The dealership will work with them. If it's a reputable dealership, they will. The other lease will have to be paid off in full if they took the vehicle, though some dealerships will let someone else take over the lease. Like a family member if they want the vehicle and can pass the credit check to be approved to take over the payments. The dealership I worked for years ago allowed that. Or they can break the lease, pay the penalty fees, and get on with their lives without ruining their credit.
Either way, the parents are going to be paying for something regardless of semantics.
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"I'm in contact consistently but he is not listening to me"

You don't mention your parent's ages. I am 72 my husband is 75 and I don't feel we need to get our daughters' permission to buy or lease a car. Until you get a formal diagnoses on Dad, there is not much you can do. If you don't have them yet, before u get that diagnoses you may want to get DPOA on both your parents. Tell Dad that if you don't have them, the State can step in and take over their care and money.

If you father is even in the early stage of Dementia he has lost the ability to reason. I have never leased a car but I know when I sign that paperwork, I now own that car. Your father and mother must have bought a number of cars and know that. Both of them going to another dealer and signing again shows that both your parents have some kind of problem. What can you do, not much without a diagnoses of incompetence. I know, now you have to deal with the problem. I so hope the dealer can be reasoned with. Don't go in blaming them. Go in asking if they can help you resolve the problem.

Now your sister. Does she live with them? Does she get Social Security Disability? Supplimental Income? Medicare and/or Medicaid. There is no reason they should be supporting her if she is and if not getting these things, she should be. My nephew gets SSD and with that Medicare and Medicaid. He has housing based on his income. Even with SSD ur allowed to work but there is a limit to how much u can make.

There have been posts where parents have not found help for a disabled child thinking that one of the siblings will care for the disabled child. Usually one sibling finds they are caring for a parent and the disabled sibling too. So, if plans have not been made for the disabled sister you may want to look into this too. You mentioned in your profile that Mom suffers from depression and anxiety. She will have enough on her plate with Dad let alone caring for a disabled child. If this child is home, may be the cause of Moms problems.
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What model car(s) were they leasing?
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Wow! I'm glad you posted this. I looked up Massachusetts and "cooling off period" and found out Massachusetts is very restrictive compared to some other states. Basically, because your parents went to a dealership and signed the contract, it was binding at the moment it was signed. Massachusetts does NOT have a "3 day right to cancel if you are unhappy".

I would read all the fine print in the lease contract, especially anything regarding termination of the contract. Is the contract only in his name or also in your Mom's name? Is your Mom mentally competent to make financial decisions? I would suggest that you find an elder lawyer immediately and put paperwork in place so that this doesn't happen again and 2) see if that elder lawyer can advise you or refer you to some one who can advise you about this existing unwanted contract.

P.S. Either way you will be out of some amount of money. At this point, the question just is how much. Praying for you.
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Cover999 May 2022
Too late for that, according to OP they leased another car.
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I agree. Coercion includes violence or threats. This was most likely just the high pressure sales tactics associated with car dealers. If the parents were genuinely distressed by the experience, they probably wouldn’t have tried again so quickly. The second lease indicates disturbingly poor judgment.

Read the contract. If the down payment is similar to what you’d pay the lawyer, consider offering to let the dealer keep it if they’ll cancel the contract. You could also look into car lease exit and how much it would cost to “resell” the lease to someone else.

The larger problem is what to do going forward. It sounds like they are competent enough that the legal system will let them continue to make their own bad decisions.

If you believe they are still competent, get POA etc. done ASAP and see if you can do anything to help disabled sister prepare to make other financial arrangements. Beg them not to talk to high pressure salespeople: no in home demonstrations, no estimates from contractors, no free lunch seminars! Help them to minimize their junk mail and keep their donations under control.

The period when they are ok to drive a car, but incompetent to lease one is difficult to navigate and doesn’t improve.

If you truly believe one or both is already incompetent you need to make some tough decisions. How involved are you willing to be? Is POA enough or do they need a conservator? It’s not easy to disable their ability to enter contracts.

Edited to add:

Their Social Security income should be safe from a judgement on this kind of debt. Pension income and RMDs from retirement accounts would be vulnerable. However, this kind of debt is more likely to trash their credit than result in a judgement. Inability to get credit may not be a bad thing at this point.

As always, if you want legal advice you can rely on, consult an appropriate attorney.
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There is a state agency that licenses dealerships. See if they can do anything to help.

https://www.mass.gov/info-details/dealer-information
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You say they were coerced, but that's not really wht happened. They went there of their own free will without thinking it through (or being able to think it through). The dealership has no way of knowing what's going on with them. Can you imagine the legal and PR blowback if a dealership just decided to NOT sell or lease a car to someone based on no actual evidence of a problem? I can't blame them so you'll need to finesse this situation with the dealership and maybe you can avoid being taken to court. A medical diagnosis or impairment or your father's records of his TBI would probably be necessary. I'm hoping you or someone else are their PoA. If not, this needs to happen prior to a diagnosis. I wish you success in unruffling the dealership's feathers.
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I appreciate the opinions of others on this forum, as it helps me realize more, how dysfunctional my family was, and is. The same way that taking the 6 week Savvy Caregiving Class, opened my eyes. My elders regarded old age, as beginning in the 50’s, and my younger sisters started doing many things for mom, when she was in her early 50’s, because she refused to learn, or moving was too painful. When we ourselves got older, we understood how very young one’s 60’s can be, especially if in good health.

When I read that 68 and 73 is not elderly, I want to cheer, and agree, but in my family, that was considered old age. One of many things I grew up under, that I’m rejecting for my best health.

I don’t have good advice to offer about this car situation, just wanted to observe that what is considered middle age to some, is way elderly young others, and that attitude is crippling. Jmho.

I wish you the best and hope a reasonable solution can be found.
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The problem that you have here is proving that your parents were incapable of making their own decision about a lease. You say they are financially managing for themselves and for your disabled sister. They have no diagnosis? No financial fiduciary or POA? So there is only YOUR WORD that they are incapable of making their own decision.
You definitely need the advice on an attorney here. You need careful diary of when car bought, who was contacted to notify dealership with the diagnosis of dementia (if there is one). If there IS NO FORMAL diagnosis of dementia then it is going to be difficult to get out of this lease, and usually the canceling of same has time limited rules (read the lease).
YOU NEED AN ATTORNEY. Advice of of Forum just won't do here. But you CAN tell the car dealership that your have Newspaper and Media contacts and will "make them famous" if they don't deal with these elders in cancelling the contract. Meanwhile, it is important you see the attorney at ONCE. As I said, in these instances time matters.
You can say that these people suffer from dementia, but the fact is how is a dealership to know this Many can confabulate very well and seem quite rational in business dealings. I worry if these folks are caring for a disabled sister financially if they cannot manage their own financial decisions; that also would not wash well in court, because the dealership can come back on the information saying that if these people are incapable of making their own decisions why have they no guardian? Why have they no financial POA or fiduciary? And etc.
GET THAT LAWYER NOW.
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I wonder if the 3 day change your mind thing works for leasing cars? I guess when you say "they" Mom was there? If she does not have Dementia she could have stopped him from signing. 68 is not elderly and she is capable of understanding a lease. My friend is 73 and leases her cars.

Are you saying they left the dealers and went to another one and leased a car there too? Are you sure its not buyers remorse on their part? Did they contact the first place the same day and inform them they were canceling the first lease?

I think your parents may have gotten themselves into a mess and it will take a lawyer to get them out.
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LakeErie May 2022
The 3 day cooling off period applies to any contract longer than one year. They could have cancelled within 3 days but did not. So now they are under contract. If they want out, they’ll have to make some kind of buyout agreement with the dealership.
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