needadvice00
Junior Member
What is the name of your state (only U.S. law)? NJ
Hello. I appreciate in advance any help that can be provided. My story is as follows-
Several months ago, I went to an auto auction with a used-car dealer and we bid on and won a car. Soon after purchasing, we both discovered big problems with the car and I refused delivery of it. The dealer agreed and said he would return the vehicle to the auction and that I should hear back from him when that is resolved. He stated it could take 2 months. It is now close to 4 months later and the only communication I have had with him was when I called him a few weeks after this happened and he wanted nothing to do with me. I paid him $1000 cash upfront. Part of this was to go toward the vehicle and the rest, his fee. The balance was to be financed. Before I went to the auction with him, he made it absolutely clear that if I did not go home with a vehicle that day, he would not charge me a penny (in other words he only charges his fee if a car is purchased). I am now seeking this money and know that I will have to file suit in small claims to recover it- he is not cooperative. My question is, is there any way that when I sue, he can counter-sue for the cost of the vehicle and/or holding costs (in the event that he was not able to return the vehicle). Again, I want to make it clear that I NEVER took delivery of the vehicle and have NOT heard from him whatsoever (aside from the phone call I made 2 weeks after the transaction).
Thank you very much.
Hello. I appreciate in advance any help that can be provided. My story is as follows-
Several months ago, I went to an auto auction with a used-car dealer and we bid on and won a car. Soon after purchasing, we both discovered big problems with the car and I refused delivery of it. The dealer agreed and said he would return the vehicle to the auction and that I should hear back from him when that is resolved. He stated it could take 2 months. It is now close to 4 months later and the only communication I have had with him was when I called him a few weeks after this happened and he wanted nothing to do with me. I paid him $1000 cash upfront. Part of this was to go toward the vehicle and the rest, his fee. The balance was to be financed. Before I went to the auction with him, he made it absolutely clear that if I did not go home with a vehicle that day, he would not charge me a penny (in other words he only charges his fee if a car is purchased). I am now seeking this money and know that I will have to file suit in small claims to recover it- he is not cooperative. My question is, is there any way that when I sue, he can counter-sue for the cost of the vehicle and/or holding costs (in the event that he was not able to return the vehicle). Again, I want to make it clear that I NEVER took delivery of the vehicle and have NOT heard from him whatsoever (aside from the phone call I made 2 weeks after the transaction).
Thank you very much.
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