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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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I put a $500 dollar deposit down on a car that I was still

Customer Question

I put a $500 dollar deposit down on a car that I was still thinking about buying from a large car dealership in a town near me. A few days prior to this, they told me if I wanted them to hold this car so no one else could buy it, that I needed to put this $500 down. So I did just that. I told my sales guy that I would be back the day after tomorrow to my my desicion. Also informed him that my current car would be going in the shop to have a repair done to it before I brought it in that. He was not told a specific time just that it would be later the day I said I was going to return. He said that was fine I had a deposit to hold it it was fine.
When I did return to the car lot to look at the car one last time, my sales person had already brought it up front for me. As the two of us started to walk toward the car, another sales man started to put a plate on it that belonged to some other customer who had just bought it from a different sales guy even though I had a $ deposit to hold it. My sale's man was as just as confused as I was as to what was going on. Come to find out, they sold to someone else without talking or my sales person whom I was working with. I end up buying a different car that cost more than the one I had on hold supposedly with my deposit which they totally paid no attention too. I did not plan on spending the amount I did. I felt pressured.
Do I have legal recourse?
Submitted: 8 months ago.
Category: Legal
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

You definitely have recourse to get back your $500 deposit, unless the $500 was credited towards your purchase of the other car. You may also have recourse if the different car that you bought was essentially the same as the car that you should have been able to purchase. Your damages would be the difference in price between the two cars. On the other hand, if the car you purchased cost more because it was worth more, then you wouldn't be entitled to the difference in price since the extra cost went towards the extra value ... in other words, from a legal perspective, there would be no injury in that situation. So, whether or not you have recourse really depends on the specific facts.

Based on what I wrote above, if you believe you have recourse, then you can sue the dealer in small claims court for your damages (i.e., the $500 and the difference in price between the two cars).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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