Legal Question in Civil Litigation in New York

Expired contract

Entered into contract with Chevy dealer on May 8 for factory order car, left deposit of $2K on my Amex card. Wording was added to contract that stipulated delivery by July 8 or deposit to be refunded in full. On July 10 I received call from dealer (FYI - that was first contact of any kind since May8) that car would be in by weeks end. At that time I informed dealer that I no longer wanted this car and requested a refund. Now dealer claims that the car has been there for weeks and I have been ducking their attempts to contact me in hopes of letting the contract expire. I've already contacted Amex and disputed the charge pending their investigation. What is my best course of action now? Small claims court? Who has the burden of proof? Thanks for any advice.


Asked on 7/21/07, 11:17 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Expired contract

Depends on who is suing. The party bringing the suit has the burden of proving his case beyond a preponderance of the evidence, a much lower burden of proof than the kind used in Criminal cases (proof beyond a reasonable doubt.)

Good Luck

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Answered on 7/22/07, 6:41 pm


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