New yorkusd car dealer sold the car i had a deposit on

[GIO10992]

New York - Greetings:

I found a nice used car and negotiated a price that was lower than I even expected. I gave a $100 deposit and the licensed dealer said to contact him in a few days because he just acquired the car and it was not on his lot yet. A few days passed and he called me stating that he had trouble with the title and wanted to give the $100 back and void the sale. I said no, I was not in any rush and I would wait for the title so I could complete the sale. Over the next three weeks he and his salesman called repeatably telling me to pick up my $100 and I kept saying no, I wanted the car. I went there last week in person to discuss the issue and the salesman insisted there was still that title issue and he tried to sell me another vehicle, one that was totally not for me and cost more.

I went back to the dealership yesterday and he told me he sold the car and he gave me back the $100. I told him I wanted the car and how could he sell the car I had a contact and deposit on. He just grinned. Obvious he got a better offer and took it.

What recourse do I have? Can I have them void the title and sale to the other buyer? I know I am not out the deposit but I had a contact and I really wanted that particular car. What NYS agency would handle this (NYS DMV says they have no jurisdiction in this type of fraud). I do intend on filing a complaint with the Attorney General but if there is no punishment then why bother.

I feel like I was lied and humiliated . No consumer should be dealt with this way by anyone especially a licensed entity. This dealer is acting like a person from a "USED CAR SALESMAN'S JOKE".

Any advise? Thanks... George

 

[Zigner]

New York - Greetings:

I found a nice used car and negotiated a price that was lower than I even expected. I gave a $100 deposit and the licensed dealer said to contact him in a few days because he just acquired the car and it was not on his lot yet. A few days passed and he called me stating that he had trouble with the title and wanted to give the $100 back and void the sale. I said no, I was not in any rush and I would wait for the title so I could complete the sale. Over the next three weeks he and his salesman called repeatably telling me to pick up my $100 and I kept saying no, I wanted the car. I went there last week in person to discuss the issue and the salesman insisted there was still that title issue and he tried to sell me another vehicle, one that was totally not for me and cost more.

I went back to the dealership yesterday and he told me he sold the car and he gave me back the $100. I told him I wanted the car and how could he sell the car I had a contact and deposit on. He just grinned. Obvious he got a better offer and took it.

What recourse do I have? Can I have them void the title and sale to the other buyer? I know I am not out the deposit but I had a contact and I really wanted that particular car. What NYS agency would handle this (NYS DMV says they have no jurisdiction in this type of fraud). I do intend on filing a complaint with the Attorney General but if there is no punishment then why bother.

I feel like I was lied and humiliated . No consumer should be dealt with this way by anyone especially a licensed entity. This dealer is acting like a person from a "USED CAR SALESMAN'S JOKE".

Any advise? Thanks... George

You KNEW that he didn't have the car. You KNEW that there were title problems with the car. You had no enforceable contract.

 

[GIO10992]

You KNEW that he didn't have the car. You KNEW that there were title problems with the car. You had no enforceable contract.

He SAID he had the car on another lot and if I wanted to test drive it I could go to his other lot. He HAD the car's picture and profile on his web page. He TOOK my down payment and promised the car by the next Tuesday. He LIED to me about the title issue over and over. He resolved the "TITLE ISSUE" and SOLD it to another party even after having a written contract with me and me expressly telling him I would wait for the title, no rush.

 

[Zigner]

He SAID he had the car on another lot and if I wanted to test drive it I could go to his other lot. He HAD the car's picture and profile on his web page. He TOOK my down payment and promised the car by the next Tuesday. He LIED to me about the title issue over and over. He resolved the "TITLE ISSUE" and SOLD it to another party even after having a written contract with me and me expressly telling him I would wait for the title, no rush.

What contract?

 

[Ohiogal]

He SAID he had the car on another lot and if I wanted to test drive it I could go to his other lot. He HAD the car's picture and profile on his web page. He TOOK my down payment and promised the car by the next Tuesday. He LIED to me about the title issue over and over. He resolved the "TITLE ISSUE" and SOLD it to another party even after having a written contract with me and me expressly telling him I would wait for the title, no rush.

What was the written contract you had with him?

 

[GIO10992]

What contract?

I have a sales paper with the details of the deal... costs... down payment... all the details of the car, etc. I am calling it a contract but maybe I am using the wrong term. Understand that I am NOT looking for money. I am looking for justice. I will pursue this with the Attorney General's Consumer Affairs Office (which I called and am waiting for a complaint form) and I filed with the BBB. I just want to make sure I am not spinning my wheel s for nothing.

Thanks,

George

 

[Zigner]

I have a sales paper with the details of the deal... costs... down payment... all the details of the car, etc. I am calling it a contract but maybe I am using the wrong term. Understand that I am NOT looking for money. I am looking for justice. I will pursue this with the Attorney General's Consumer Affairs Office (which I called and am waiting for a complaint form) and I filed with the BBB. I just want to make sure I am not spinning my wheel s for nothing.

Thanks,

George

You accepted your deposit back. Any contract you may have had is voided by that. You shouldn't have accepted the money back.

 

[GIO10992]

You accepted your deposit back. Any contract you may have had is voided by that. You shouldn't have accepted the money back.

Thanks. I will pursue anyhow and been a pain in his side.

 

[latigo]

New York - Greetings:

I found a nice used car and negotiated a price that was lower than I even expected. I gave a $100 deposit and the licensed dealer said to contact him in a few days because he just acquired the car and it was not on his lot yet. A few days passed and he called me stating that he had trouble with the title and wanted to give the $100 back and void the sale. I said no, I was not in any rush and I would wait for the title so I could complete the sale. Over the next three weeks he and his salesman called repeatably telling me to pick up my $100 and I kept saying no, I wanted the car. I went there last week in person to discuss the issue and the salesman insisted there was still that title issue and he tried to sell me another vehicle, one that was totally not for me and cost more.

I went back to the dealership yesterday and he told me he sold the car and he gave me back the $100. I told him I wanted the car and how could he sell the car I had a contact and deposit on. He just grinned. Obvious he got a better offer and took it.

What recourse do I have? Can I have them void the title and sale to the other buyer? I know I am not out the deposit but I had a contact and I really wanted that particular car. What NYS agency would handle this (NYS DMV says they have no jurisdiction in this type of fraud). I do intend on filing a complaint with the Attorney General but if there is no punishment then why bother.

I feel like I was lied and humiliated . No consumer should be dealt with this way by anyone especially a licensed entity. This dealer is acting like a person from a "USED CAR SALESMAN'S JOKE".

Any advise? Thanks... George

If the price of the vehicle was more than $5K and your so called "agreement" to purchase the vehicle was not in writing signed by the dealer, then you have no enforceable contract.(See: NY Uniform Commercial Code Section 1-206.)

Should there be no written contract but the price was less than $5K, the UCC would not apply. Then in "theory" you would have a cause of action for breach of contract.

However, the difficulty would be in your proving damages. The claim could be considered as one of "damno sine injuria".

"Damno sine injuria" Latin meaning that you were deprived of a legal right (injuria) but without (sine) suffering any loss (damno). No loss suffered in the sense that the vehicle was replaceable in kind.

But if you could prove that the dealer sold the vehicle for more that he agreed to sell it to you AND you could produce convincing evidence, then you would have a recognizable element and claim for damages.

All of which, I'm sure, is more legal jargon than you or any sane person would care to know.

 

[Zigner]

Thanks. I will pursue anyhow and been a pain in his side.

Good luck.

 

[GIO10992]

If the price of the vehicle was more than $5K and your so called "agreement" to purchase the vehicle was not in writing signed by the dealer, then you have no enforceable contract.(See: NY Uniform Commercial Code Section 1-206.)

Should there be no written contract but the price was less than $5K, the UCC would not apply. Then in "theory" you would have a cause of action for breach of contract.

However, the difficulty would be in your proving damages. The claim could be considered as one of "damno sine injuria".

"Damno sine injuria" Latin meaning that you were deprived of a legal right (injuria) but without (sine) suffering any loss (damno). No loss suffered in the sense that the vehicle was replaceable in kind.

But if you could prove that the dealer sold the vehicle for more that he agreed to sell it to you AND you could produce convincing evidence, then you would have a recognizable element and claim for damages.

All of which, I'm sure, is more legal jargon than you or any sane person would care to know.

I understand the legal lingo I am a Law Enforcement Officer and I graduated from John JaY College of Criminal Justice and I watch Judge Judy LOL

I have a written sales agreement and the price was over $5K. I'm not looking for money but I would just to piss the unethical dealer off. If I knew who he sold it to and the price I would definitely follow the path you outlined.

Great background information. THANKS

 

[questionforu2]

Interesting.

I wonder if you could actually stake out their lot and pull over any test drivers for any type of minor traffic violations? Speeding 1 MPH over the speed limit, etc.?

 

[Zigner]

Interesting.

I wonder if you could actually stake out their lot and pull over any test drivers for any type of minor traffic violations? Speeding 1 MPH over the speed limit, etc.?

What in the heck are you blathering about?