Auto deposit with dealer(private) to purchase vehicle at auto auction

[CINGRAM]

I had an accident in my vehicle(complete loss) and received an amount from the insurance company. I was referred by person I know to utilize the services of a person(dealer) to purchase a vehicle at an auto auction to gain access to vehicles that are in good condition at a competitive price. I met the dealer and provided him with a $2500 deposit that would go toward the purchase of one of the vehicles that I would select from the vast inventory at the auction site. I provided the check for purchase deposit and signed a receipt for providing the money the day before the auction. I spent 3 hours at the auto auction prior to the auction picking out vehicles with the private dealer. I had a list of 8 vehicles that were in my price range $8-10K that we test drove prior to the auction. I wrote down the list and reviewed it with the dealer the night before the auction. The day of the auction the dealer introduced a new vehicle(during the auction) that he thought I would like(none like we had test drove the day before) and said he thought it would be in the agreed price range. The vehicle ended up going for $11,400, outside the agreed price range. I told him that was higher than I expected and I wasn't familiar with that vehicle. There was also an additional $400 in fees that he hadn't explained. I ask for a picture of the vehicle so I could determine my willingness to purchase the car. He said his phone memory was full and couldn't take a pic. After several heated phone conversations I asked for my $2500 deposit to be returned. I've sent several emails requesting my refund(minus $400 for his time). I've received no response. What are my legal options?

 

[mightymoose]

Is there any written contract that details the terms of the service/agreement?

If he refuses to refund your money your option is to go to small claims court, however without some kind of documentation you may have a hard time arguing your case.

 

[CINGRAM]

I have documentation with the list of cars that were selected and agreed upon. We didnt discuss new last minute cars that weren't on the original list. The receipt is a bill of sale that he used to document the $2500 check I provided for purchase of car. I'm willing to for go a portion($400) of the $2500 for his time identifying the vehicles I was interested in.

 

[army judge]

I have documentation with the list of cars that were selected and agreed upon. We didnt discuss new last minute cars that weren't on the original list. The receipt is a bill of sale that he used to document the $2500 check I provided for purchase of car. I'm willing to for go a portion($400) of the $2500 for his time identifying the vehicles I was interested in.

Not much you can do about it here. If a remedy exists, it'll be in a courtroom somewhere.

 

[Betty3]

If he will not give you your money back, I also see no option except suing in small claims court.