A Georgia family says a metro Atlanta car dealer took advantage of their elderly stepfather, who suffers from dementia, by encouraging him to buy a nearly $90,000 vehicle he didn’t need and couldn’t afford. The company disputes the claim and says the situation is resolved.
According to local station WSB-TV, the family claims a salesperson from Carl Black GMC in Kennesaw drove to the man’s home in Hiram, Ga., picked him up and brought him to the dealership. He traded in his 2017 Nissan Frontier for about $11,000 and bought an expensive GMC truck, cutting a check for more than $80,000 for the difference.
The man later drove the vehicle home alone, alarming relatives who say he rarely drives and has documented cognitive decline.
Jamie Faulkner, the man’s stepdaughter, said her family was stunned to see the truck parked in his driveway.
“He was in no position to negotiate the sale,” Faulkner told the station. “It makes us all angry that someone took advantage of an elderly person.”
She said her stepfather used to work for GMC and liked to visit the dealerships to look at vehicles, but he didn’t have the ability to make a financial decision.
Doorbell camera footage shows a salesperson chatting with the elderly man on his doorstep before leading him to the dealership to make the purchase.
The family was able to meet with the dealership and return the truck. They were offered a refund, but not a full one, they claim, because it didn’t include the trade-in value of their father’s 2017 Nissan – which the dealer has since sold. They filed a complaint with the state.
The agency declined an on-camera interview, but provided a written statement through his attorney disputing the family’s claims. The statement said the elderly man “did not appear to be impaired in any way or to lack the ability to purchase a motor vehicle.” The lawyer said the man left the field alone without a carer or personal representative present.
“As the matter has been fully resolved with Mr. Dow, it is unclear to Carl Black Kennesaw why Mr. Dow’s family chose to contact the media,” the statement said (1).
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Vehicle purchases are some of the most important financial transactions most consumers make. Older adults are more vulnerable to high-pressure sales tactics (2). And car purchases are particularly complex because they involve reading detailed contracts, understanding financing terms and trade-in math.
The US Securities and Exchange Commission warns that dementia increases the risk of financial exploitation, and that the risk is even greater if the person is targeted by someone they trust (3).
Although a signed contract is usually binding, it can be declared void if it is found that the person did not have the mental capacity to understand what they signed.
You can reduce the risk of your older loved one being taken for a ride (literally or financially) with a few basic safety steps.
Attach a trusted contact to financial accounts: This works similarly to an emergency contact. Authorizes the financial institution to contact the person if they cannot reach the account holder, if they are not acting as themselves, or if there is unusual activity on the account that could indicate fraud or financial abuse (4).
Establish durable power of attorney. Support your loved one to meet with a lawyer and choose a trusted person to make legal, health and financial decisions for them if they become incapacitated (5). The sooner you do this, the better!
Consider co-signing: If you have an older loved one who is struggling to manage their affairs, it may be time to ask them to add you or another truly trusted family member as an authorized user on their accounts. That way, you’ll be able to catch unusual banking, investment, or credit card activity as soon as it happens.
If a questionable transaction occurs, families must act quickly.
Here are some options:
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Contact the company in writing
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File complaints with state consumer protection agencies
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Document medical diagnoses that may affect capacity
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Report suspected financial exploitation or abuse to Adult Protective Services (APS) or your local police or sheriff’s office if you suspect criminal wrongdoing
This case highlights how important it is to proactively protect your loved ones from financial harm. Cognitive decline can be hard to see, and you may not see your elderly family members every day. That’s why it’s so important to have these conversations early — and make plans to protect them as soon as possible.
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WSB-TV (1) Psychology Today (2) SEC (3) Investor.gov (4) National Academy of Elder Law Attorneys (5)
This article provides information only and should not be construed as advice. Offered without warranty of any kind.
