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Started By
Message
re: Elderly man spends 20k on ATV; family upset with dealer
Posted on 5/22/17 at 10:46 am to SCLSUMuddogs
Posted on 5/22/17 at 10:46 am to SCLSUMuddogs
quote:
Does your 85 year old grandfather have alzheimers?
No. He had parkinsons.
They are saying that guy didn't have either when he bought it.
2
Posted on 5/22/17 at 10:47 am to X123F45
quote:No they aren't. Just saying he hadn't been diagnosed yet. Doesn't mean he didn't have it.
They are saying that guy didn't have either when he bought it.
Posted on 5/22/17 at 10:48 am to sweetwaterbilly
If the man drove himself to the dealership to make the purchase and pick it up, then it would be even harder for the family to prove they knowingly took advantage of someone with a lack of mental capacity to make the purchase.
According to the article, he put $10k down and financed the rest. If the monthly bill is the issue, family should just put it up for sale. They'll lose a few grand compared to the cost to buy it new, but they should get more than enough to cover paying off the loan balance and have some left money over.
quote:
The family argues Anthony Corona was unfit then and now they're stuck with a huge bill.
According to the article, he put $10k down and financed the rest. If the monthly bill is the issue, family should just put it up for sale. They'll lose a few grand compared to the cost to buy it new, but they should get more than enough to cover paying off the loan balance and have some left money over.
quote:
"There's nothing hunting about this," said Alamirie. "I'm like, why did you get them to sell you that. He said, 'Well, they were saying it's a good deal and they gave me tires and a windshield and a wench.'"
Posted on 5/22/17 at 10:49 am to PearlJam
quote:
No they aren't. Just saying he hadn't been diagnosed yet. Doesn't mean he didn't have it.
I think you are missing the point.
Posted on 5/22/17 at 10:49 am to X123F45
Yeah, I realized that and edited it. The dealership didn't do anything wrong, and I don't think they should be required to take the ATV back, however if he was diagnosed 4 months later, he already had it and shouldn't be driving anything. He had already lost his license the prior year, so there were signs that he had it
Posted on 5/22/17 at 10:51 am to Tiger Prawn
quote:I doubt that is what they have to prove. If he lacked capacity to enter a contract, the dealership's knowledge is likely immaterial and the contract would be void or voidable in many jurisdictions. Not sure the law in this jurisdiction.
then it would be even harder for the family to prove they knowingly took advantage of someone with a lack of mental capacity to make the purchase.
Posted on 5/22/17 at 10:53 am to sweetwaterbilly
Kind of hard to tell. Even if the dealership isn't obligated to give anything back, it would probably just be a decent goodwill gesture for the dealership to reverse the transaction. If I were the family then I probably wouldn't even ask though. I would just sell the ATV for what I can and cut my losses.
This post was edited on 5/22/17 at 10:56 am
Posted on 5/22/17 at 10:54 am to PearlJam
Remind me to get shitfaced and go buy that AMG merc this weekend.
I can return it on monday.
I just can't stand the way kids act when they smell an estate. It's breathtakingly trashy.
I can return it on monday.
I just can't stand the way kids act when they smell an estate. It's breathtakingly trashy.
Posted on 5/22/17 at 10:56 am to X123F45
quote:You are going to have to prove lack of capacity and you likely aren't going to recover attorney's fees and costs, so be cautious. Also, now that you have planned this, the dealer likely has a counterclaim for fraud and an affirmative defense of "unclean hands."
Remind me to get shitfaced and go buy that AMG merc this weekend.
I can return it on monday.
Posted on 5/22/17 at 10:59 am to PearlJam
quote:
Also, now that you have planned this, the dealer likely has a counterclaim for fraud and an affirmative defense of "unclean hands."
The dealer better have ties to Korea, vancouver, and croatia.
Posted on 5/22/17 at 10:59 am to AUCE05
quote:
I know children can get real when they think money is coming their way.
Posted on 5/22/17 at 11:02 am to upgrayedd
GRIMACE!!!!!!
This post was edited on 5/22/17 at 11:02 am
Posted on 5/22/17 at 11:02 am to sweetwaterbilly
quote:
'Well, they were saying it's a good deal and they gave me tires and a windshield and a wench.'"
Maybe the daughter is mad at the dealership for selling the dad a hooker to replace her mom.
Posted on 5/22/17 at 11:03 am to sweetwaterbilly
So WBRZ is dragging this business' name through the mud?
Posted on 5/22/17 at 11:05 am to upgrayedd
He paid 20k for that off brand piece of crap? You can get a Polaris or can am for less than that. They saw him coming. And I would be very surprised if they can sell it for enough money to pay the remaining balance.
Posted on 5/22/17 at 11:07 am to sweetwaterbilly
$20K+ for a Chinese knockoff UTV?????
Posted on 5/22/17 at 11:09 am to SCLSUMuddogs
I don't know about this. I had a grandfather die of Alzheimer's and you could tell something was off with him months before the official diagnosis. Even people who weren't in the family and weren't close to him could tell that his confusion and such was outside the realm of normal aging.
Perhaps he was having a good day and the salesman was truly ignorant of the old guy's problems; in that case it is just unfortunate for the man and his family ... but as someone who's seen this disease in a few people including one family member, it's a stretch to think that the salesman didn't pick up on something. It's not like you're prefectly lucid and six months later you're completely off your rocker - this disease doesn't work like that.
I have to think the salesman probably noticed something was amiss, maybe he just chalked it up to the guy being old, and figured he'd be able to sell him on a bunch of extras and make a good payday. Even that, though, seems dirty on the part of the salesman.
I'll admit that is what salesman do: they sell their product. A lot of the time that includes taking advantage of someone's ignorance - a city boy who doesn't know what he really needs, a housewife who doesn't know what all those extra buttons do, a young guy who doesn't understand high percentage financing, etc.
Regardless of the intentions of the salesman, the dealership should have looked at the optics of the situation and quietly bought back the ATV at a reasonable price. It would have been very easy to explain to the family that they can only buy it back for 70% because of this or that, as I imagine the family going through this with their father understands that they wouldn't get a good chunk of their money back. I can't imagine this could in any way look good for them because they're either going to be labeled as the dealers that'll rob an old man or the dealers who don't care about a man with Alzheimer's.
Perhaps he was having a good day and the salesman was truly ignorant of the old guy's problems; in that case it is just unfortunate for the man and his family ... but as someone who's seen this disease in a few people including one family member, it's a stretch to think that the salesman didn't pick up on something. It's not like you're prefectly lucid and six months later you're completely off your rocker - this disease doesn't work like that.
I have to think the salesman probably noticed something was amiss, maybe he just chalked it up to the guy being old, and figured he'd be able to sell him on a bunch of extras and make a good payday. Even that, though, seems dirty on the part of the salesman.
I'll admit that is what salesman do: they sell their product. A lot of the time that includes taking advantage of someone's ignorance - a city boy who doesn't know what he really needs, a housewife who doesn't know what all those extra buttons do, a young guy who doesn't understand high percentage financing, etc.
Regardless of the intentions of the salesman, the dealership should have looked at the optics of the situation and quietly bought back the ATV at a reasonable price. It would have been very easy to explain to the family that they can only buy it back for 70% because of this or that, as I imagine the family going through this with their father understands that they wouldn't get a good chunk of their money back. I can't imagine this could in any way look good for them because they're either going to be labeled as the dealers that'll rob an old man or the dealers who don't care about a man with Alzheimer's.
Posted on 5/22/17 at 11:09 am to Chuckd
quote:
20k for that off brand piece of crap?
...no.
The reporter can't read a Louisiana contract.
I'll have to go grab one for my wife's car, but I think that's the total with interest.
Posted on 5/22/17 at 11:14 am to sweetwaterbilly
quote:
His doctor says, "He is incapable of making any financial decisions and cannot drive." Last year, he failed a driving test.
Man that sucks, buy a sweet arse new side by side and your doctor says you cant ride it.
Posted on 5/22/17 at 11:17 am to Peazey
quote:This.
Even if the dealership isn't obligated to give anything back, it would probably just be a decent goodwill gesture for the dealership to reverse the transaction.
Hell, I'd think that may actually work out for them in the long run. If I were them I'd have bought it back for the absolute most I could, maybe even have lost a dollar or two on the deal. They could probably work the numbers and file it under some form of charitable or public relations expense.
I would've kept up with the family and when the time came, I would send a massive arrangement to his wake/funeral. Word of mouth like that is hard to come by - "you know they helped when grandpa got sick and spent all that money. They are good people. I think I'll buy my next bike from them and I'll tell all my buddies about them too."
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