I'm in Indiana and saw a car for sale on E-bay through a dealership in Texas. We exchanged e-mails, then talked on the phone and agreed on a price. He faxed me a contract Saturday night. I got financing and overnighted the check so he received on Wednesday. I then get an e-mail on Thursday afternoon saying that the car was sold to someone else due to poor organization and that my check was being returned. I asked him to send me the difference between what he sold the car to someone else and what he had agreed to sell to me ($360). He said he would mail me a check for $300, but I never received it.
I later found out that he had sold it over ebay as a best offer that ended on Sunday (the day after we had agreed upon a price and he had faxed me a contract).
Do I have a claim against the dealer? I ended up spending approximately $1,500 more for a comparable vehicle. Can I sue him for that difference along with the postage and finance charge I paid with my bank?
If I do have a claim, is it feasible to work with a Texas attorney to represent me in small claims or would if have to be present?
I later found out that he had sold it over ebay as a best offer that ended on Sunday (the day after we had agreed upon a price and he had faxed me a contract).
Do I have a claim against the dealer? I ended up spending approximately $1,500 more for a comparable vehicle. Can I sue him for that difference along with the postage and finance charge I paid with my bank?
If I do have a claim, is it feasible to work with a Texas attorney to represent me in small claims or would if have to be present?