Legal Question in Business Law in New York

i went to a used dealer and put a down payment on a car, so the next day i go back to check on it because he said he had to make sure it was working fine before he gave it to us. his wife and some other guy was getting in the car asking me if i bought the car and i said yes then they pulled away, so after that he constantly promised me he was bringing the car to my apartment for 3 days i havent seen the car and he kept ignoring my calls and then shut the phone off so i said i wanted a refund, he then told me i couldn't get my money back until he sale the car i gave him money for, now he's out of town and left the car with me for me to sale while he's out of town and said he will pick it up when he get back to try to sale it off his lot. i just want my money back and i gotta wait 2 weeks while he's out of town. can i take this to court? i recorded all of our conversations on my phone so i have evidence.

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