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Can I have auto dealer arrested for keeping my deposit?

Jamestown, NY |

Gave dealer 200.00 for deposit and called at 9:45 next morning and told him to sell if he has someone come in and could buy it due to chance of not getting money to make purchase. All I received was a receipt with nothing that said the deposit would be nonrefundable. No other contractual forms were signed in regards to outcome of deposit if unable to purchase.

Attorney Answers 3

Posted

You can sue in small claims court for the money.

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Posted

This is not a criminal matter. This is a civil matter.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

I agree..this is not a criminal matter..it is a civil matter so all you can do is sue. Given the facts, it is not clear you would win..it would depend on what you discussed. He will say that he told you it was nonrefundable and that holding the car for you had a cost to him.

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