Legal Question in Consumer Law in New Jersey

Was the money stolen from ME or the Company?

My husband purchased a motorcycle on 6-25-01.The sales man told us $10,500.00. My husband tried to talk him down to no avail, so we agreed and put $5000.00 down cash. All of this is reflected in the contract that we signed. in Jan of '02 a Det. contacted us regarding the sale. As it turns out, the contract that my husband signed was never turned in. What the sales man did was lower the down payment to $3,950.00 and the sale price of the bike to $9,500.00 and forged my husbands signature. WE feel that WE were stolen from because the money was taken from OUR down payment and we know that the Company accepted the lower price because that's the price that was approved before the contract was sent to the credit Co. The Company's attorney says that THEY were stolen from. Who's Right?


Asked on 6/14/02, 1:32 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Was the money stolen from ME or the Company?

Clearly, you were the victim of fraud. It is not a defense for the dealer if one of its employees also defrauded the dealer. You also have claims under the New Jersey Consumer Fraud Act. Under the Act, you are entitled to have any damages you suffered tripled. The dealer is also responsible to pay any attorney's fees you incur in pursuing your claim against it. You should consult an attorney experienced in the New Jersey Consumer Fraud Act. You can check out my website for more info at: http://www.lawguru.com/users/attorney/yogidog/index.html or call me at 732-545-9292. I also have an office in New Brunswick.

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Answered on 6/14/02, 2:13 pm


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