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Do we have any recourse, we had a deposit on a car and it was sold under us.
Anonymous3 views3 answers
We had put three $300.00 on used Subaru for my son while they checked our credit. We wanted to get him started building his own credit. My last phone call with the bank who was in contact with the dealer was 2:00pm I called them to find out how it went at 2:30 and was told they had already sold the car to someone else. I was prepared to pay cash and told them that. My son is devastated. He is 19 and this was "the one". They are returning my deposit but it just doesn't seem right that we put that down to hold the car.
They are returning your deposit. I do not mean to sound insensitive, but move on. There is no "the one" when it comes to cars unless you are talking about special orders or classic cars. In the Oregon area, you will have many used Subarus to choose from. Further, if you are implying or hinting at tort damages, Oregon does not provide tort damages arising out of a breach of contract. do not bother to go there. Take yuor deposit back and work on finding another car. Now you have an idea of what specs you are looking for and what you are willing to pay. It is buyers market, so do not get sucked into a fire sale.
Good luck.
If the dealer returned your deposit, then legally speaking, you haven't suffered any injury - except for being unable to get that exact car you wanted Before you could take any legal action, you'd have a duty to mitigate your damages - that is, to try to find another such car. If you'd been about to buy an absolutely unique, hand-made vehicle, then you'd have a case. But in the Portland area, I bet you can find another Subaru.
In any case, as was said above, the amount of money involved here is too small to be worth fighting about. This is a good opportunity to teach your son that life is unfair some times and you have to cope and move on.
John Warwick CaldwellPatent Application AttorneyPhiladelphia, PA ·
Indiana ... Let it go. The amount in question is too little to fight over. Next time .... You and son will know to get a contract of sale.
Good luck, friend
