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Hi Gordon, I'm Stacy. I'm so sorry to hear about your situation. How did you pay for this purchase? You're definitely on the right track to file a suit against him to settle this matter if the seller is unwilling to accept a return or work with you at all. Did you test drive or check out the item before leaving? Only the state can file criminal charges, however, you are most certainly able to file a police report and see if the prosecutor is willing to investigate and file charges. As to his other advertisement on the same website for the same item, report it to the administrator of the website and explain the item has been sold, and the seller misrepresented the item. The minimum they could do is take action to remove the listing and potentially ban him from using the site to sell in the future.