I'm in the process of finding one right now. I got a referral from a local attorney to one in OH. I'm not going to let it slide...even the attorney I spoke to said this dealer was an ass.

 

It's your money, time, energy, etc., but there is very, very little upside for you in getting a lawyer.

Without seeing the documents, I can't say for certain whether or not you had a contract, but, assuming you did, then the worst that you can go after them for is breach of contract; if they return your money promptly, this is not a criminal matter.

Now, for breach of contract, you would be entitled to recover your damages. There are two possible measures of damages here--the money you're out of pocket, such as interest, telephone charges, Express Mail and the like (small change, really), or, alternatively, the price you would have to pay to buy a similar car in similar condition, less the price you agreed to pay for this car. If (and that's a big if) you could prove such a spread, it still won't exceed a thousand or two.

No lawyer will take this on a contingent fee basis, and paying a lawyer $250 an hour for the opportunity to perhaps get a $2000 award is bad business.

This whole thing sucks; you got screwed, but there's no good remedy for you, especially since you live 2000 miles away. Pursue your simple remedies, like filing your complaints, and get on with your life. It'll be better that way, anyway.

 

Yep I would have to agree you got hosed, but not much you can do. Just move on man. Try and use their story and quotes with other dealers as a sign your ready to buy and get an even better deal..

 

I tend to disagree with you. Beside breach of K, I can think of a few causes of action against this dealership off the top of my head such as fraud, and deceptive business practice, etc. Remedies may include more than just actual damages like punitive damages and attorney fees and costs. If OP has all of the corresponding emails and paperwork, he has a very strong case against this dealership.

 

Sure, it's easy enough to put together a "differential diagnosis" of all the bad acts they may have committed. However, proving fraud is very difficult--it requires that you prove that they intended to defraud him, which is highly doubtful if they return his money. Some sort of consumer protection act/deceptive business practice is always a possibility (and, as you say, can include the possibility of treble damages and attorneys' fees, but these can sometimes cut both ways--you lose and you pay the defendant's legal fees), but this also is difficult to prove, requires intent, and often requires that the plaintiff show more than one such action. That would be difficult, especially from 2000 miles away. No, in all likelihood, the worst that happened here was that they found a local buyer who was willing to pay more, and chose to breach the first contract (if contract it was, which is not clear).

I'm a lawyer, and I regularly advise people contemplating litigation that litigation is the sport of kings. Unless (i) the damage is great or the principal is very important, and (ii) you have a lot of excess time and attention, and (iii) either you have a lot of money to spend to fund the litigation, or you can find a good lawyer to take it on a contingent basis (unlikely in a case like this, where the realistic potential recovery is small), it's a poor choice of something to spend your time and attention on. Get your money back and move on.

 

I agree.

If you are going to sue this is for principle, not for the money...

I've utilized lawyers twice in business and I've found out that it isn't worth it. In a couple of weeks you'll find an even better car and you'll move on.

 

this is for principle! I would be happy to give the lawyer every cent he can get from the dealer...

I just want to make them think twice before doing this to the next person.

Its sad when people have to be forced to do the right thing but sometimes its necessary and I feel this is one of those times.

 

Certainly, you were screwed. Certainly you have every right to be angry.

Now, to the cold, hard facts. I would not value this case at more than $2000, tops. Realistically, perhaps $1000. Probably, more like a couple hundred. Even $2000 won't buy more than 8-10 hours of a lawyer's time, which is enough for a couple of meetings and a couple of letters. Figure on spending a minimum of, say, $30,000 on litigation, and possibly much more.

If you have that kind of money and feel that strongly, go for it! It's not a matter of giving the lawyer eveything you recover; it's a matter of spending huge bucks for a principle; lawyers rarely work for principle, since it tends not to pay many bills, and we need to make a living.

 

bravo, I was waiting to hear that. Just imagine how many people would be screwed over by these dealerships shady business practices if noone bothered to speak out about it.

 

I certainly agree; I just wanted to let him know that standing up for principle is likely to be a very expensive proposition.

Were it my problem, I would file complaints with whatever regulatory and trade bodies I could (e.g., Attorney General; American Honda; BBB), and move on. And not make a $22,000 purchase by mail; I'd have the check in hand, fly there, and complete the transaction.

HMMV