Bipolar Michigan Woman Sues Dealer for Taking Advantage of Mental Illness to Sell Her Car

FOX news online ^ | Tuesday, March 13, 2007 | AP

[Kimmers]

TROY, Mich. — She went in for an oil change, but came out with a brand-new car.

Now a Michigan woman is suing the auto dealer, saying it took advantage of her bipolar disorder to sell her the $32,000 vehicle.

[Kimmers]

"Free mental health screening with new car purchase."

Written in yellow and red bubble letters in the window of your local auto dealer.

[Rakkasan1]

didn't democrats do similar in Milwaukee to get votes-register people with dementia and Alzheimers in nursing homes on one of their "voter drives"?

[SengirV]

I know it's different form state to state, but everyone I've lived in allowed you to return a new car up to 3 days. I'm guessing they were able to do this as well, but opted to sue instead.

[2ndDivisionVet]

How would the dealer know she was mentally ill? Did she have an Al Gore button on her tie-dyed bhurka?

[Shermy]

"Berner's husband says the dealer agreed to take the car back if it got a doctor's letter detailing Berner's condition. He says the letter was sent, but the dealer delivered the CX-9 anyway, and left the keys in the mailbox."

[boomop1]

Unless there is written in the contract (a three day cooling off clause) she must enjoy the ride.

[PAR35]

Maybe now her husband will put more effort into seeing that she stays on her medication.

[Kimmers]

I do understand the couple being irritated when they provided the documentation from their MD. I hope this can get worked out without lawyers being involved.

[kinoxi]

If the woman is not competent enough to get her oil changed then she is obviously not competent enough to drive, or to enter into any other legally binding contract. Fair is fair, I think if presented with the realistic options she and her husband might reconsider legal action to declare her incompetent.

[Dinsdale]

You gotta be nuts and/or stupid to buy a brand new car.

How much does it cost to drive it off the lot?

[bikerman]

Naah! That would mean having to be responsable for your actions not the whinning way now-a-days.

[johnmark7]

No cooling off period in Cal.. Take possession of the car and you own it.

[Kimmers]

It does sound like if the couple provided documentation from their MD the car could be returned.

The couple did that and still they found the car in their driveway.

[fatnotlazy]

I have a friend who is bipolar. He doesn't go around buying new cars.

In my view, mental illness or mental deficiency is too often used as an excuse for irresponsible behavior.

[JoeSixPack1]

...went in for an oil change, but came out with a brand-new car.

I did that 2 months ago. Love my new! :-)

[TruthWillWin]

That explains it. Now I know why I bought that MDX SUV.

[Kimmers]

Gosh I agree, maybe this was an impulse purchase on the womens part and hubby was not too happy....there are not too many details.

[4yearlurker]

I can't remember the exact term but I think you can get out of any contract within 3 days of signing. This is what killed door to door sales.

[Kimmers]

Nice choice in a vehicle !!!!!

[reagan_fanatic]

With all the mountains of forms and agreements you have to read and fill out, how did she not know she was buying a car??

[Ladysmith]

Lots of luck to her. Even a mentally incompent person and has a guardian can wind up with a valid contract if the contract was agreed on during a lucid period of time.

Pretty hard to argue that a manic-depressive isn't lucid. It would have to be a pretty severe case of depression not to be so. And then it would be doubtful a person in that state would be capable of being out and about getting old changes.

[Keeper of the Turf]

Two years ago we brought my wifes Civic to the dealer for an oil change....we left being the owners of a new Accord. We didn't complain, though.

[boomop1]

I think "any contract" is a stretch, depends on state law, mostly phone solicited and such, most reputable dealers have a return period.

[Kimmers]

My husband did that with a jeep years ago. We should have bought a Toyota, we would still be driving it.

[SaxxonWoods]

It cost nothing to drive a new car off the lot. It's called the "puppy dog" close and it's the oldest trick in the car biz. I have a friend who's bipolar daughter did a similar deal on a $34k car, and she had no job.

The parents raised the roof and the dealership took the car back. All they can do in that situation (in Colorado) is charge you $25 a day for the days you had the car.

[Ladysmith]

From the WI DOT site:

Purchase cancellation

Many consumers mistakenly believe they have three days to cancel the purchase contract. They do not. The 3-day "cooling off" period only applies to sales the dealer makes away from the dealership.

[Ladysmith]

http://www.dca.ca.gov/pubs/car_buyer_rights.htm

[4yearlurker]

I think the term I'm thinking of is "three day recourse" but I probably don't have it right. It's been a long time since I was in sales. I'm talking about sales contracts where payments are involved.

[Dinsdale]

But if you do buy it how much less is your 'new' used car worth the second you drive it off the lot.

10%?

20%?

Suckers! Everyone of them.

That's what they get for getting their self worth confused with what they drive.

[NonValueAdded]

touche

[4yearlurker]

I remember salesmen in the 1970's talking about this three day period is what killed their door to door sales for vacuum cleaners,etc...

[Ladysmith]

Definitely door-to-door has the "cooling-off" but not every type of contract does unless state law requires it or it's written into the contract.

[SaxxonWoods]

If you keep a car long enough buying is not a bad idea. I usually buy 2 to 3 year-old cars, but I have bought new. I kept the last new one over 8 years, paid $24,500 new, sold it for 4k with a blown transmission and 120k miles.

[opticks]

Seems you can get a doctor's note for just about anything justifying any behavior these days.

[4yearlurker]

Okay. I was in freezer meat sales in the 1970's and we had to abide by that 3 day period. That's why there are no more freezer meat sales anymore.

[Ladysmith]

Thank God for them, too! Those vacuum cleaners were ridiculously overpriced!! LOL!!

[Ladysmith]

Really?! Was that door to door?

[4yearlurker]

There used to be a little slot like in a piggy bank on the top of the handle of the vacuum cleaner. "if you put 50 cents a day in this slot you can make your monthly payment" was one shmeel.

[Ladysmith]

heh heh! Yeah, for how many years??!

[4yearlurker]

Yes. Back then we sold you the freezer,Frozen vegetables,pork,poultry,beef,pies,juices,etc...We delivered your new freezer and filled it up for you! You got 10 pounds of chickens {about 3 birds} just for inviting me into your home and listening to the sales pitch. Hint. Never sit between the customers on the couch. They will look at each other behind your back and tell each other no. Always sit across from them at the table. If the TV is on,turn it off for them.

[Dinsdale]

I'm with you on a two or three year old car.

Let someone else pay for the initial depreciation hit, then keep it till it becomes unreliable.

Truth be told I've got three cars. A 4x4, a sports car and a classic. Going to round out the collection with a classic exotic as soon as the right one comes along (will be paying cash). Almost bought a '60s Ferrari five years ago (It was in boxes, I'm a decent wrench. But the Italians reputation for low quality made me come to my senses.) I'm waiting for a Honda NSX R-type, but I'm not holding my breath.

I'm not remotely interested in lining the pockets of some low-life car salesman.

[4yearlurker]

Just three years little lady! It's guaranteed for a life time! Just Okay this agreement right here....Don't worry I have a pen right here!

[SengirV]

Thanks, I knew someone would have the specifics ;)

[California74]

"Berner's husband says the dealer agreed to take the car back if it got a doctor's letter detailing Berner's condition. He says the letter was sent, but the dealer delivered the CX-9 anyway, and left the keys in the mailbox."

Seems the case hinges on this, otherwise I'd have to agree, she's screwed. If the dealer indeed agreed to take the car back if a doctor's letter was provided (and how kind they would be to do that!), then they must take the car back. Honestly, though - what was she, a bipolar in her manic phase, doing getting the oil changed at a dealership without supervision? Really... bipolars need a buddy system. It's not the dealer's fault she's an impulsive buyer. Does she have "don't sell to me, I'm bipolar" tattooed across her forehead or something?

[Ladysmith]

LOL! Some habits are hard to break...

[TigersEye]

An inability to accept responsibility for one's actions is a major component of the personality of people with bi-polar disorder. It's a choice.

If she feels that she is incapable of entering into a contract without being manipulated then perhaps she should ask the courts to declare her mentally incompetent so that businesses would have a clear legal choice about doing business with her. Make her husband her guardian.

[Kimmers]

excellent point

[stayathomemom]

My husband went in for a colonoscopy a couple of years ago. He had a nice "nap". Before they released him they warned me not to let him make any important decisions for the next few hours. Apparently, someone had once gone home after a similar time "under" and bought a car. They didn't remember doing it.

[ansel12]

"I remember salesmen in the 1970's talking about this three day period is what killed their door to door sales for vacuum cleaners,etc..."



I started a year or so after that law passed, I sold encyclopedias for several different companies, ran a large number of my own sales people and made tons of money.

A number of times an old school guy would come in. These guys had the most incredible stories of great wealth, private airplanes and limos. In their day all they had to do was get you to sign the paper and their entire beautiful, anything goes, salesmanship was geared to put the customer in a cult like level of excitement, long enough to get the signature.

Since I was always top dog, I kept expecting these guys to knock me off my perch but in reality they just could not adopt to the truer type of sale, with the customer having three days to cancel (after the ether wore off).

A lot of those guys took their old show on the road in the form of professional motivational speakers at car dealers and such.

You would not believe the tales of what they did inside of people's homes, sometimes in the excitement, even furniture was broken.

By the way this was a radically sexual business.

[Wally_Kalbacken]