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Out-Of-State Dealership Sold Car to Me, Day Before Flight, Sold to Someone Else

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tpro123

Junior Member
What is the name of your state (only U.S. law)? MICHIGAN

Me: MICHIGAN Dealership: TEXAS

Hello:

I was in the process of purchasing a 2002 Jaguar X-Type from a dealership in Texas. I am from Michigan, and saw an internet ad for the sale of the vehicle. I contacted the dealership and stated I would like to purchase the vehicle. The salesman accepted a credit application, and approved me for the loan. I sent a signed credit card authorization (for a $1000 deposit) and completed every requirements they needed. The salesman sent me an e-mail congratulating the purchase of my new vehicle. The salesman also asked when I will be picking up the vehicle. I gave him a date (about a week away from after I sent the information) and stated that I've bought a non-refundable one-way plane ticket.

The day before my flight, I received a call from the salesman stating that he sold the vehicle to someone else. I looked at my bank statement and saw that they did not withdraw the funds, even after 6 days after I sent the authorization.

There were several reasons why I believed the dealership was negligent. I sent the authorization to withdraw funds immediately after receiving the forms, the dealership never withdrew the funds. Another reason was that the salesman confirmed sale of the vehicle, and went ahead and sold it to someone else.

The reason why I believe the dealership was fraudulent is because I asked what payments would be, and he repeatedly told me it was higher than the number that I've calculated.

I feel like I should be compensated for the cost of the plane ticket and time I've wasted. I also feel that I should be compensated for their negligence. I have not found another vehicle with the same year (2002), condition (excellent) or mileage (22,000) yet to compare seling prices. I do know that the difference in the sale price of the vehicle and the KBB value is around $2000-$3000.

Obviously, what they did was not wrong. How can I sue this company or receive compensation for their wrong doings? They are clearly fraudulent and negligent. I promised this car for me and my parents, and both me and them were incredibly depressed after what he told me.

Also, can I sue them in Michigan Small Claims even if the company is out of state? I've been to Small Claims Court in Detroit before, and I still have my house there, but all of my mail goes to another city in Michigan. Which court should I file it in?

Thanks in advance.
 


swalsh411

Senior Member
Have you contacted them asking about the plane ticket you bought? Everything except that is irrelevant especially the part about your parents being heart-broken over not getting an 8 year old car.
 

cyjeff

Senior Member
First one present with the money wins.

Apparently, someone else beat you to it.

Ask about the plane ticket, don't get your hopes up and, next time, pay to have the car shipped to you.
 

Zigner

Senior Member, Non-Attorney
cyjeff is correct...except that I'd suggest that next time, you should buy locally.
 

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