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  1. #1
    Join Date
    Feb 2010
    Posts
    7

    Default Out-Of-State Dealership Sold a Car to Someone Else After Agreeing to Sell it to Me

    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.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

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

    what was the credit card authorization for .

    was there ever any actual deposit or any money that changed hands?

  3. #3
    Join Date
    Feb 2010
    Posts
    7

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

    Quote Quoting jk
    View Post
    what was the credit card authorization for .

    was there ever any actual deposit or any money that changed hands?
    The credit card authorization was for a $1000 deposit for the vehicle.

    The salesman never processed the deposit, even though I gave him the authorization to do so. He called about 6 days after I gave him the authorization and say that it was sold to someone else.

    EDIT: Changed in my original post. Thanks for the clarifying question.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    When you called the dealership, they confirmed that they received your authorization for the deposit? How did they explain selling the car to somebody else?

  5. #5
    Join Date
    Feb 2010
    Posts
    7

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

    Quote Quoting Mr. Knowitall
    View Post
    When you called the dealership, they confirmed that they received your authorization for the deposit? How did they explain selling the car to somebody else?
    Thankfully, much of the conversation was done via e-mail. This is what I have:

    Congratulations. It will be my pleasure to be the one to sell you your first car on credit and your first Jaguar.

    Attached is a credit card authorization, please fill out completely, sign, scan and email back to me. Please also enclose a copy of your DL and your ID badge from work.

    Again Congratulation,
    THANK YOU. I did receive your CC information. I just have one question. Is it a Visa, MC or AMEX? I also need your Drivers License and your work ID scanned and emailed to me as well. Its a stipulation of the lender. Please, also let me know when to expect you. I will pick you up at the airport and drive you personally to the dealership for delivery.
    This is my response:

    The card is a VISA. Attached is a picture of my driver's license and
    work ID. I bought a plane ticket for Wednesday January 06, 2010. 1:20
    pm arrival. DTW (Detroit) to DFW (Dallas).

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