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JBaxLaw
JBaxLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11314
Experience:  Wide experience in consumer rights law.
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I recently gave $5920 to a friend of my husbands who has a

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I recently gave $5920 to a friend of my husbands who has a license to purchase cars at auctions. The money was in the form of a certified cashier's check. It was to purchase a VW Beetle for my step daughter. The guy was at an auction on May 30th and called my husband and said that he had found a VW Beetle within our price range. He sent my husband all of the information regarding the vehicle (VIN, mileage, make, model, color). We agreed that the guy should buy the vehicle. A couple of hours later, the guy called and stated that he had purchased the vehicle for $5,800 and that if we were to purchase a 14 day warranty for $120 more, he would have the vehicle inspected at the auction to advise if there were any mechanical issues with the vehicle. We agreed to the 14 day warranty as well. The guy stated that he needed the money by 9:00am the next morning to close the deal. He asked for cash but I stated that he would only be getting a cashier's check (which was made out to him by my finiancial institution). I also wrote up a contract for the guy to sign basically stating that he had received the money and what the money was to be used for. The guy works with my husband for USPS and so the next morning my husband gave the cashier's check to the guy (May 31, 2013). The guy accepts the cashier's check and signs the contract. A few days go by and we had not heard anything about the status of the vehicle. When my husband inquired, the guy told us that the car needed a catalytic converter. The car is a 2006 VW Beetle. The guy stated that he was communication with the auction people who were in commuication with the VW car dealer. This was to establish whether or not the car dealer was willing to fix the catalytic converter (at their own expense) or if they weren't, we'd (my husband and myself) would be able to get out of the deal. He stated that it would take another couple of days. Two weeks go by and we heard nothing from the guy. When my husband questioned the guy again, the guy said that he was going to call and find out what is going on and call us back shortly. Shortly became two days. When my husband contacted him again, we asked for our money back. The guy agreed and said that it would take a couple of days to get the money back from the auction dealer. We waited a week. He said that he would have the money available for us by either this past Monday or Tuesday (July 1 or July 2, 2013). We have not heard from the guy. My question to you is how do I go about filing a claim to get my money back? Do you think I have a case to get it back? Can I sue for anything else for having to wait as long as I have? Can I sue him for attorney and court fees as well? I wouuld greatly appreciate any other advice that you could give in heloing me to resolve this issue.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  JBaxLaw replied 1 year ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service.

I see that the buyer has failed to provide the car or a refund despite you having a contract. You need to look at the language of the contract for delivery time frames. This is likely immediately. You do have recourse. You should start with a written demand letter. Next, you can file a small claims court complaint with the DC Superior Court. This site explains representing yourself in the small claims setting. Look at the small claims court handbook.

See:
http://www.dccourts.gov/internet/public/prose.jsf



Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
Customer: replied 1 year ago.


I appreciate the advice on the written demand letter but to advise to file a small claims court complaint is wrong. Small clains are for cases less than $5000. You also did not answer all of my questions regarding this issue. What recourse do I have and can I sue him for anything else besides the money that he owes me?


 

Expert:  JBaxLaw replied 1 year ago.
You are correct about the limitation of $5,000, but a complainant must weigh the additional funds they are seeking versus pursuing a complaint in civil court. That typically requires an attorney due to the complexities. You will need to weigh that issue. But, you typically can resolve these issues via informal negotiation. The parties involved have professional licenses to engage in these sales and while they may be dragging their feet, they will likely refund your money.

You would be limited to actual damages typically. That means no punitive damages or damages exceeding what you paid. This would be a breach of contract action, so look to the contract for any language about damages. Also, unless allowed under the contract you would not obtain attorney fees or court costs.

Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
JBaxLaw, Lawyer
Satisfied Customers: 11314
Experience: Wide experience in consumer rights law.
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