My friend wanted a vacuum, I cosigned, then she died a week later
My longtime friend had a home demonstration from a vacuum salesman. She wanted to buy the vacuum but could not get approved for the payment plan. But, the salesman said if she could get a cosigner, within 3 days, he would give her a 00.00 discount. The vacuum was 00.00. She asked me to do this for her. I was reserved, but I said okay.
She signed, I signed, I was approved as her cosigner, and I left them to finish up their business. 1 week later, my friend went in for surgery, suffered a massive stroke, and never regained consciousness. She was removed from life support 3 days later and died on the 4th day. From vacuum purchase to death was just 12 days.
I immediately contacted the salesman that sold the vacuum, letting him know of her death and my desire to get the vacuum returned unused and have the contract voided to avoid any debt or charges, before they accrue. He replied that he was sure there would be no problem. I never heard anything further from him. Now no one wants to take the vacuum back, they tell me I'm responsible for the debt, I have never laid eyes on the vacuum, and I don't know what is going to happen to her belongings.
I want to be released from the obligation based on the fact that she died before she even owed a payment which is due in March. Also, the paperwork doesn't show her discount for getting a cosigner! Am I still responsible for this debt, when she died, especially so soon after signing?
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In the UK (similar laws exist throughout Europe, see European Consumer Rights Directive), you have the right to return for a refund for any goods that are bought off-premises for 14 days after delivery.
www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
I understand that consumer protections in the USA are not as strong though.
Legally in the US:
the standing of the lady is of no concern to the vacuum company
the vacuum salesperson probably has a very significant commission - maybe 50%+
you cosigned a legal contract that is still enforceable
however since you just cosigned her estate must treat the vacuum company as a debtor and they are the main contract holder
meaning that whoever takes over the estate should be handling all of this. Unless the estate has a lot more debt or doesn't have 00 the probate judge will have to earmark the money to pay off the vacuum - this happens all the time.
the family or you can try to return the vacuum. If it is still within their standard return time this is no issue. But the company does not have to be "nice" because there was a death involved.
if family does not have the money and you pay for it, you own it.
Yes. Because you co-signed the loan, you are responsible for the loan just as much as she was. When you co-sign a loan, you are essentially saying "I will pay this loan if the other person can't."
You may have a few options if the company continues to ignore your communication.
Call your state's Attorney General and discuss your problem with them. They may be willing to put pressure on this vacuum salesman for you.
Call your local TV stations to see if their consumer advocate department wants to run your story. This has all the makings of a very sympathetic story that will draw negative attention to the company that sells these vacuums. They will be much quicker to try to settle the problem if they are getting negative attention.
Share your story on social media; tweet them if them if they have a twitter account.
Find a local attorney to open a suit.
File your own suit in small claims noting that you heard a verbal agreement between the salesman and your friend to discount the vacuum in exchange for a cosigner, ask for the entire contract to be nullified.
Even if none of these works out, the debt should still probably be paid out by the estate of your friend.
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