Do we have any recourse, we had a deposit on a car and it was sold under us.
3 attorney answers
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.
The response is based on the information provided. Absent an express agreement, this communication does not constitute legal advice or create an attorney-client relationship.
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.
Nothing in this answer is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding.
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
All comments on this site are 'in the cloud' and do not form an attorney-client relationship of any kind. Just consider them ideas for discussion. J