bonkerguy
12-15-2005, 11:03 PM
SOURCE: idahostatesman.com
Lawsuit claims Lithia Ford took advantage of elderly man
A lawsuit filed Monday alleges Lithia Ford of Boise violated an Idaho law that protects consumers from "unconscionable contracts" by taking advantage of an 82-year-old man's dementia.
The lawsuit contends a Lithia salesman convinced Frank Baxter to swap his $32,000 SUV for a $15,000 economy car on Sept. 9 by taking advantage of Baxter's "inability to understand, and other factors due to his age and dementia."
Baxter's daughter and legal guardian, Janet M. Baxter, filed the suit in District Court.
According to the lawsuit, Baxter was having trouble with the battery in his 2005 Toyota RAV-4 and attempted to take it back to Peterson Toyota where he had purchased it Aug. 12. But he mistakenly turned into the Lithia Ford lot on Fairview Avenue.
"They told him the deal (for a 2006 Ford Focus) was going to solve all his problems, and talked him out of taking the car elsewhere," said Paul Fitzer, a Boise attorney who is representing Baxter and his daughter.
A spokesman for Lithia said the company has tried to settle the dispute.
"Lithia has been willing to resolve this issue from the beginning, and we are still willing to unwind this transaction; all we have asked is that Mr. Baxter or a legal representative sign the necessary paperwork," said spokesman Dan Retzlaff in a prepared statement.
Fitzer said the company has never offered to resolve the dispute.
"And their statement is disingenuous because Lithia Ford can't cancel the deal. It has already sold Baxter's vehicle," he added.
The lawsuit claims the Lithia Ford contract with Baxter also was unconscionable because the dealership knew it was getting a vehicle that had been driven only 16 miles by Baxter and had a value of $31,253, in exchange for a 2006 Ford Focus valued at $15,215.
Medford, Ore.-based Lithia Ford Inc. is a Fortune 1000 company with 94 dealerships in 12 Western states and $2.7 billion in sales last year.
The suit also alleges that the dealership should have realized Baxter was not capable of entering into such an agreement because he was so disoriented at the time that a Lithia Ford employee had to drive him home.
Fitzer said Baxter's family was unaware he had purchased the Toyota until after the fact. He said he believes family members were trying to have his license suspended at the time of the trade.
The lawsuit alleges that after trading the Toyota, Baxter called his son, Forrest, claiming that his car had been stolen.
Forrest Baxter noticed paperwork from Lithia Ford at his father's home and called the dealership asking that the transaction be canceled.
The lawsuit says officials at Lithia Ford refused.
"The case does not pass the smell test," Fitzer said. "The question is whether it (the transaction) offends the senses — whether it is so unconscionable as to offend the ordinary person."
Brett T. DeLange, chief of the consumer protection unit in the Idaho attorney general's office, said his office received a complaint from Janet Baxter in early October and closed the case late in the month because of disagreements between the two parties over what had occurred.
"We don't have the resources to formally pursue every case," DeLange said.
"That doesn't mean that what Janet Baxter told us is not valid, or that Lithia Ford shouldn't do the right thing."
DeLange said that Idaho law provides no right of recision that allows people to change their mind once they purchase a vehicle.
However, he said that because of Baxter's dementia, the allegations against Lithia Ford will "raise the eyebrows" of any court.
Baxter, a World War II veteran, resides in the Alzheimer's unit at Paramount Park, a Boise nursing home, according to the lawsuit.
Fitzer said he believes Lithia Ford will settle out-of-court.
"I can't imagine that they would want to take this to trial," he said. "The publicity is awful."
Lawsuit claims Lithia Ford took advantage of elderly man
A lawsuit filed Monday alleges Lithia Ford of Boise violated an Idaho law that protects consumers from "unconscionable contracts" by taking advantage of an 82-year-old man's dementia.
The lawsuit contends a Lithia salesman convinced Frank Baxter to swap his $32,000 SUV for a $15,000 economy car on Sept. 9 by taking advantage of Baxter's "inability to understand, and other factors due to his age and dementia."
Baxter's daughter and legal guardian, Janet M. Baxter, filed the suit in District Court.
According to the lawsuit, Baxter was having trouble with the battery in his 2005 Toyota RAV-4 and attempted to take it back to Peterson Toyota where he had purchased it Aug. 12. But he mistakenly turned into the Lithia Ford lot on Fairview Avenue.
"They told him the deal (for a 2006 Ford Focus) was going to solve all his problems, and talked him out of taking the car elsewhere," said Paul Fitzer, a Boise attorney who is representing Baxter and his daughter.
A spokesman for Lithia said the company has tried to settle the dispute.
"Lithia has been willing to resolve this issue from the beginning, and we are still willing to unwind this transaction; all we have asked is that Mr. Baxter or a legal representative sign the necessary paperwork," said spokesman Dan Retzlaff in a prepared statement.
Fitzer said the company has never offered to resolve the dispute.
"And their statement is disingenuous because Lithia Ford can't cancel the deal. It has already sold Baxter's vehicle," he added.
The lawsuit claims the Lithia Ford contract with Baxter also was unconscionable because the dealership knew it was getting a vehicle that had been driven only 16 miles by Baxter and had a value of $31,253, in exchange for a 2006 Ford Focus valued at $15,215.
Medford, Ore.-based Lithia Ford Inc. is a Fortune 1000 company with 94 dealerships in 12 Western states and $2.7 billion in sales last year.
The suit also alleges that the dealership should have realized Baxter was not capable of entering into such an agreement because he was so disoriented at the time that a Lithia Ford employee had to drive him home.
Fitzer said Baxter's family was unaware he had purchased the Toyota until after the fact. He said he believes family members were trying to have his license suspended at the time of the trade.
The lawsuit alleges that after trading the Toyota, Baxter called his son, Forrest, claiming that his car had been stolen.
Forrest Baxter noticed paperwork from Lithia Ford at his father's home and called the dealership asking that the transaction be canceled.
The lawsuit says officials at Lithia Ford refused.
"The case does not pass the smell test," Fitzer said. "The question is whether it (the transaction) offends the senses — whether it is so unconscionable as to offend the ordinary person."
Brett T. DeLange, chief of the consumer protection unit in the Idaho attorney general's office, said his office received a complaint from Janet Baxter in early October and closed the case late in the month because of disagreements between the two parties over what had occurred.
"We don't have the resources to formally pursue every case," DeLange said.
"That doesn't mean that what Janet Baxter told us is not valid, or that Lithia Ford shouldn't do the right thing."
DeLange said that Idaho law provides no right of recision that allows people to change their mind once they purchase a vehicle.
However, he said that because of Baxter's dementia, the allegations against Lithia Ford will "raise the eyebrows" of any court.
Baxter, a World War II veteran, resides in the Alzheimer's unit at Paramount Park, a Boise nursing home, according to the lawsuit.
Fitzer said he believes Lithia Ford will settle out-of-court.
"I can't imagine that they would want to take this to trial," he said. "The publicity is awful."