Legal Question in Business Law in Massachusetts

I attempted to purchase a BMW Z4 last week on 7/20 from 21st century auto group in NJ. The salesperson/manager who I spoke with over the phone deliberately chose not to charge my credit card to avoid a legal obligation in my view which was to contractually sell me this vehicle. He made an excuse and stated the vehicle needed to be serviced over the weekend. I got an email later on that day from salesperson I spoke with earlier (Arthur) stating "the good news is I did not charge your credit card" please let me know if you're still interested in the vehicle.

My guess is another buyer went in to their store and offered them more money for the vehicle.

Conclusion: The vehicle was sold to another buyer even though I made it clear and gave precise instructions to charge my credit card so I could purchase the vehicle.

Question: What are my options? Am I able to sue based on breach of contract even though my card was not charged for the deposit? Are verbal agreements binding in NJ under this situation?

Thanks,

Anonymous


Asked on 7/24/13, 4:28 pm

1 Answer from Attorneys

Anyone can file a lawsuit, winning the lawsuit is the issue. Based on the facts presented no contract was created. He emailed and asked if you were still interested. If you are saying he said, I am sorry the price went up are you still interested then you can file a complaint with the appropriate NJ consumer protection office.

But absent acceptance of your original offer by email as proof, you do not have a likelihood of success. Moreover, what are your damages. If the price went up $500, is this worth suing over.

give them a bad review on yelp file a complaint with the NJ consumer protection division. Do not bother with a lawsuit.

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Answered on 7/24/13, 4:42 pm


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