Legal Question in Business Law in New York

Re: car info

This sounds like an earnest money deposit to an individual who probably had a few autos parked on his property. He may have not even been a proper dealer in used vehicles.

Nevertheless, this individual's insistence on getting money to hold a specific vehicle to be sold to you does create a contract, where the earnest money deposit does secure the item to be purchased. The fact that he received the money/cashed the check reveals a contract existed.

Theoretically, you can hold him to 'specific performance' where he must give you that automobile or a similar item. As a practical matter, you can take him to small claims court and you could probably get some damages (even if you do get your earnest money back).

Also, if this individual is in the business of selling cars, you can inform the better business bureau of his bait and switch tactics.

Re: car info

Your "friend" needs to talk with an attorney. There are unanswered questions here that affect the response (how much money did the "friend" put down on this nonexistent vehicle, who are "they", where are "they" located, etc. etc etc).

Your county's bar association or the NYS Bar Association (www.nysba.org) are good places to start if your "friend" needs a referral.

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