Purchases made whilst mentally ill

LilElvis

InquisitiveMind wrote: »

First, an option that hasn't been explored is it may be possible / desireable to sell the car privately for a decent return.

As you want to call me out, where's your evidence of this? Considering the money spent, if a solicitor / barrister advises it's likely to succeed then if goodwill refund is not an option, getting the money back less expenses may be preferable to the money one would receive from selling the car privately.

Ask youself why children can't form contracts - is it because they don't have the capacity? Therefore no contract would have been formed.

obviously

One can pursue anything.

I think it's a fairly well acknowledged fact that specialist legal and medical advice is costly. To prove that the buyer lacked capacity at the time of purchase would be difficult, but to then prove that the seller was aware, and took advantage, of that incapacity would be harder still. It is not a realistic proposition to spend substantial sums of money in order to discover that there is little chance of recouping a few thousand pounds.

Legal action would also require the buyer to regain the ability to instruct counsel, or someone be legally appointed to act on their behalf. Neither of these sound likely to happen in the near future.

Why would the buyer seek to sell the new car? They had a car - they part exchanged it - so presumably want/need one.

Hintza

arcon5 wrote: »

Not sure i'd conclude if a car is sat on a car lot it is undesirable. Car dealers across the country don't hide all the good stock in lockups and put the !!!! on the forecourt

Are you being obtuse for any good reason?

The car was brand new and sitting on the forecourt ergo there is stock available and selling it for close to dealers price will be difficult. Whereas if there is a 10 week wait for it to be built it is a more attractive proposition for some buyers ie a bird in the hand.

Nessun_Dorma

Hintza wrote: »

Are you being obtuse for any good reason?

The car was brand new and sitting on the forecourt ergo there is stock available and selling it for close to dealers price will be difficult. Whereas if there is a 10 week wait for it to be built it is a more attractive proposition for some buyers ie a bird in the hand.

Was there really any need for that?