Legal Question in Business Law in New York

Regarding Car sale

I, the buyer and the seller put a paper agreement for the sale of a mini van. I didnt pay any advance. We both have signed on the white paper and put an agreement in simple terms. The seller gave me the copy of the agreement and a copy of the van title to me. He didnt sign on the title. I was supposed to do the wire transfer on the following day, but next day morning the seller called me and said he cannot sell the van on the agreement price and he increased the price of the minivan to an another 1000 dollars. I didnt agree to the seller. The seller fliped-floped once during the negotiation and i agreed to his quoted price on the advertisement. Now he is refusing to sell the van to me. Can i sue this guy(seller) for my time, emotional stress and the money?. I am really angry about the sellers character. Before i put the agreement, i spent almost 60$ on checking his mini van thorough a mechanic. I would like to really sue this seller for a small amount. I a m not doing this for money. But i feel he has to learn a lesson and learn to stick to his words.


Asked on 7/07/07, 10:03 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Regarding Car sale

You can take him to small claims court and seek to have the contract enforced. A night in small claims can often teach many people all kinds of lessons.

Good Luck.

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Answered on 7/07/07, 10:47 pm
Nancy Delain Delain Law Office, PLLC

Re: Regarding Car sale

A seller who refuses to follow through on a signed contract can probably be sued in a court of competent jurisdiction (up to $5000 in damages, that's small claims court in New York; $5000+ in damages, the court would be the supreme court in New York).

Taking someone to small claims court does not usually require the help of a lawyer. The court clerk provides the forms to fill out to get the ball rolling. All the plaintiff need do is fill out the forms, turn them in to the court clerk with the filing fee and then show up at the hearing, which the court will schedule, ready to tell his/her story with documentation to back the story up.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/08/07, 1:30 am


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