Question: Read the following transcript and answer. This noisy city is making me crazy. I need a car so I can get away when I want
Read the following transcript and answer.
This noisy city is making me crazy. I need a car so I can get away when I want to escape the madness. I've never purchased a car so I'm a bit confused as to how to do this. I think I found a car I like, but I have no clue what I'm doing. I better go talk with a sales agent who can walk me through this process. Well, that went well. I met with the sales agent and purchased the car. I am so excited. I'll call my grandson to show him my new car.
Hey, grandpa. So where's the car, the one you just purchased? Not a bad looking car. Has a bit of rust, however.
Oh, I know but I got such a smoking deal.
Is that a copy of your contract? Mind if I have a look?
Certainly, why, of course. What does it say?
Grandpa, you might not like this. Essentially, it says you have confessed to a judgment.
Oh, my. What else does it say?
This is nuts. It also says that if you have ever bought anything else from this dealership, they can repossess the car to pay for that, too. Have you ever bought anything here before?
Oh, my. Well, yes, your grandmother, she might have before she died.
Well, if grandma neglected to pay for something while she was alive and if you were on her paperwork, your car may be repossessed if you miss a payment. And the car will be used to pay for all the debts.
What? Let me see that paper. How can you even see anything? All these words all squished together.
So you didn't see these terms? Is that what you're saying grandpa?
How could I? Didn't have my glasses. And the sales agent requested I not go out to my car to retrieve them.
Do you even know what a confess to judgment means, grandpa?
Well, I don't think so. It sounds like it's something religious, is it? I asked if I should take the contract to my lawyer so we could negotiate it, I was told that would be stupid. He said all the words were already neatly typed on the form and he said that no car dealer anywhere would change the terms and that it was pretty much a take-it-or-leave-it deal.
What representations did he make about the car?
Well, he said the car had demonstrated itself well in water.
OK, grandpa, I might be able to help you.
Is there a valid contract? What legal issues, if any, do you see in this scenario?
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