Legal Question in Consumer Law in Indiana

Used Car dealer Fraud

Purchased a car on EBAY Auto Auctions on 19th July 2001 from a used auto dealer in Indiana for the amount of $7300.

Money was wired from my account to owners personal bank account. The car was to be shipped to Florida where I reside. After weeks of calls and promises the car was still not delivered.

When I mentioned that I would report him I Was told that my money was going to be refunded.

Now its been 5 months and owner refuses to talk to me,

Has disconnected phone lines and moved.

Spoke to the DMV and was told that this dealer was under investigation and his dealer license might be revoked.

Have filed numerous complaints with the DMV,BBB, The Internet Fraud Complaint Center, EBAY's Square trade dispute resolution, Indiana State Police Dept.

I want to pursue legal action .... is this the right method for resolution ? Please advise on what options I have at this time. Also what options I have if the dealers license is revoked and has closed his business ?

Can he still be prosecuted?


Asked on 1/10/03, 7:58 pm

2 Answers from Attorneys
Steven Fahlgren Steven M. Fahlgren, P.A.

Re: Used Car dealer Fraud

You have limited options which you must weigh. Basically, you appear to have facts establishing liability for fraud and potentially false advertising. You have damages but the difficulty may be collecting a judgment. You can sue the defendant(s) where they reside or, depending on whether the facts support it, sue the defendants in Florida because that is where the cause of action accrued. In any event, you should act quickly to avoid the statute of limitations or other deadlines which may bar your claims. If Indiana requires a surety bond, that is the first place I would send a demand letter. You should consult with an attorney regarding your specific rights. I would meet with you for $150. Please call my office at (407) 852-1711 if you are interested. Best wishes,

Steve Fahlgren

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Answered on 1/10/03, 9:38 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Used Car dealer Fraud

If you cannot find him, you would be wasting your time. Leave it to the authorities. If and when the sulprit is found and assets remain, resubmit your question.

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Answered on 1/11/03, 3:47 am


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