Legal Question in Civil Litigation in California

Can I pursue legal action to get my money back!

I agreed to buy a car for 20K & sent a down of $500 via paypal. I got a loan for the car and told the seller in Portland when I was planning to come up. I was going to leave on a Friday so I called him on Thursday to make sure he is still ready for me and he told me he was leaving for vacation that day and not returning for a week. He never informed me the week before when I told him my plans to pick it up. While he was gone his friend, who he was selling the car for, got upset that he did not finish the deal before he went out of town and took the car. I tried to get in contact with him after his return from vacation but could not get a hold of him for another week via phone or email. I finally got a hold of him at work and that is when he told me what happened and that he was not sure if I could still buy the car. After another week he gave up and gave me my $500 down payment back. I then canceled the loan I obtained to purchase the car but was charged $509.95 in fees by the bank. Can I pursue legal action to have him pay for these fees as I held up my end of the deal?


Asked on 10/23/06, 9:00 pm

2 Answers from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Can I pursue legal action to get my money back!

It appears that the "contract" was enterd into in Oregon. That is the first problem as you wil have to sue there. If you attempt filing an action in California, serve it, get a judgment, then you still have to enforce it in Oregon.

Not being rude, you have learned a lesson, albeit modestly expensive. Caveat Emptor--which means buyer beware. Next time I hope that you will look for your expensive consumer product a little closer to home--you can touch it, drive it, have a mechanic look at it, etc.

Sorry that this happened to you. The auction process is fraught with problems like you hve described.

Sincerely,

Mark Geyer

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Answered on 10/30/06, 11:10 am
David Lupoff Law Offices of David B. Lupoff

Re: Can I pursue legal action to get my money back!

Your situation is why God created small claims court.

It sounds as if the seller breached the contract. You should be able to recover all the money that you had to pay the bank, plus other related expenses.

Good luck.

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Answered on 10/27/06, 2:58 pm


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