On 6/18/07, I went to Bay Ridge Mazda in Brooklyn to buy a new car. The dealer made me fill out and sign a "bill of sale" which indicated the selling price of the car, my down payment ($2500), and authorized the dealer to run my credit score for financing purposes. He then swiped my credit card and charged me $2500 for my deposit/down payment. This bill of sale was not a final sales contract in which all the financing terms were laid out.
In the end, we disagreed on the final price of the car and the deal was cancelled. I received a receipt of the $2500 down payment charge against my account, but NEVER received a receipt of that money getting refunded and credited back to my account due to the cancelled sale. Instead, the dealer insisted that I was not entitled to a signed copy of the bill of sale, so he gave me a copy of the following handwritten note, "Customer's $2500 will be refunded to her account by 6/19/07 (Signed, [dealer's name])." I then left the store and checked my credit card account online the next day to see if my $2500 was refunded. Sure enough, it was not. That day (6/19), I called the dealer to complain, and they assured me that it would be done in 20 mins. I checked my acct the next day and again, the money was not yet refunded. I then called the dealer (6/21) and threatened to file a complaint in small claims court. He was very defensive and told me that he would refund the money on Friday (today). I do not believe him at all. It is now 6/22/07 and my money has not yet been refunded, even though I have a signed copy in his handwriting that he'd refund it by 6/19/07.
I've called the credit card company and they've temporarily refunded my account with the $2500 subject to me proving that the dealer deceptively and/or fraudulently retained my deposit without my consent. However, I am worried that this handwritten note is all the evidence I have against him.
Do I have any legal recourse against the dealer? I am hoping NY Consumer Protection laws will protect me. At any rate, I believe this is criminal larceny (specifically, larceny by trick). Please HELP me get my money back from this lowlife car dealer! Thanks!
In the end, we disagreed on the final price of the car and the deal was cancelled. I received a receipt of the $2500 down payment charge against my account, but NEVER received a receipt of that money getting refunded and credited back to my account due to the cancelled sale. Instead, the dealer insisted that I was not entitled to a signed copy of the bill of sale, so he gave me a copy of the following handwritten note, "Customer's $2500 will be refunded to her account by 6/19/07 (Signed, [dealer's name])." I then left the store and checked my credit card account online the next day to see if my $2500 was refunded. Sure enough, it was not. That day (6/19), I called the dealer to complain, and they assured me that it would be done in 20 mins. I checked my acct the next day and again, the money was not yet refunded. I then called the dealer (6/21) and threatened to file a complaint in small claims court. He was very defensive and told me that he would refund the money on Friday (today). I do not believe him at all. It is now 6/22/07 and my money has not yet been refunded, even though I have a signed copy in his handwriting that he'd refund it by 6/19/07.
I've called the credit card company and they've temporarily refunded my account with the $2500 subject to me proving that the dealer deceptively and/or fraudulently retained my deposit without my consent. However, I am worried that this handwritten note is all the evidence I have against him.
Do I have any legal recourse against the dealer? I am hoping NY Consumer Protection laws will protect me. At any rate, I believe this is criminal larceny (specifically, larceny by trick). Please HELP me get my money back from this lowlife car dealer! Thanks!
