Can I have auto dealer arrested for keeping my deposit?

Asked almost 2 years ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20

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    Lawyers agree

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    Answered . 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.... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . You can sue in small claims court for the money.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Ian Edmund Scott

    Contributor Level 12

    Answered . 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.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only.... more

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