Auto Sales Contract Nullification with refund

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rmuhl

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My jurisdiction is: California United States of America

I bought a used car in July 2008. My first payment was not due until September 2008. The contract financed included a full warranty through PRCO, however, the seller failed to disclose the fact that their mechanic was not an authorized repairman or registered mechanic with the warranty provider. The car lost all power in the first 29days of the sale purchase contract. The repair had to be paid for out of my pocket, sum of just over 1400 dollars, due to a discount. The warranty provider would not honor the warranty as submitted to them and accepted as the seller failed to "check off" the coverage box, which was the only one not checked of all the other selections as financed. The financed amount for the balance of the sale price of the vehicle and the PRCO warranty with full coverage as believed to be in place reflects that all coverage options that included the electronic coverage should have been provided for and honored. The sales contract as entered into is in fact questionable, given that at the time I signed the contract I was "mentally incapable" to enter into any binding legal contract. The aforenoted warranty oversight, and the other factors of the payment schedule and amount, in of themselves clearly establish that I was not in the legal right frame of mind to enter such a contract especially given the fact that the sale price for the vehicle was nearly fully paid for by my deposit, about 80%. The balance of the financed amount was for the warranty as sold and as presented which had been clearly spelled out to include all provisions and options package for the warranty as sold and financed, as well as the remainder portion of the sale price of the vehicle. I am a disabled ADA protected class citizen which was taken advantage of given my (1) state of mind from he side-effects of the psychotropic effects of the life saving medications I take. The evidence of that the contract is financially exploitative, of my protected class, is clearly established by my sources of income being limited to SSDI and SSI, which totaled the basic base line award. The vehicle was "financed" for $500.00 a month, for the warranty as financed and the negligible balance of the vehicle's sales price. What can be done at this time to "secure full refund of all monies paid as deposit, and payments made, as well as for all repairs and improvements mad to the vehicle" to nullify the contract.
 
You've got quite a number of issues here. I'm sorry that you're disabled but it seems like you've got a very tough case to prove unless you stick to the basic facts.

1) You bought a used car - if so, it probably is "as is." I don't know who PRCO is but it seems that your only problem is with the warranty provider, which may have been outside of his knowledge. Whether this is a material breach of contract is a question. This is one lawsuit against the seller.

2) If you were mentally incapable of entering into a binding legal contract - good luck with your case. It's a year later and now you've become capable? Unless you can show proof of this recurring issue that has just cleared up, you're nowhere close to getting out of this deal - after all, what judge would believe this?

3) Regarding a class action - why are the financiers taking advantage of you? If you knew the terms of the deal up front, why did you continue to go through with the deal? Additionally, if they sell the cars with the same terms to anyone else without a disability, there is no discrimination.

Best of luck to you but I'm not sure how we can help you out here. You've got a very difficult case to make.
 
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