Seller sold car after I made a security deposit. Do I have a case?

Tj39

New Member
Jurisdiction
Virginia
Hey guys,
On Friday 3/4/16 I made a $2000 security deposit on a used car we negotiated at $61,000. I made the deposit via PayPal, and he had acknowledged that he received it. The next day Saturday, I went to go look at the car to make sure it was what I wanted. The car looked great and I told him I will definitely have the money by Friday (which was the payment deadline- 1 week after security deposit). He said as long as you have the money on time, it is sold to you.
So that day, I went home and started moving funds around to cover the car cost. On Sunday morning, he message on Sunday morning, he messages me that he got an offer for $66,000 ($5,000 more than the deal we made). He asked if there was anyway that we could speed things up before he "changes his mind".
I replied right after saying I will move as quickly as possible once the banks open. It was a Sunday, so I couldn't do anything with the banks. I told him I will probably have the money much sooner than expected and would be ready maybe Wednesday or Thursday (far ahead of the Friday deadline).
He never replied that day which really began to scare me, as he normally texts back right away. I send him another text and email at 8:00 am on Monday morning telling him I was about to go widrawl all the car for the car. I told him I could meet Monday night after bending over backwards to get the cash organized quickly. He replies an hour later saying he sold the car for $72,000. He said he is sorry but the $11,000 more was just too much money to "lose out on" even though we had a binding contract with my security deposit.
I told him today (Monday) that we now have a big legal problem on our hands but he hasn't replied, nor do I think he will.
I just want to know if you guys think I have a case here. I did nothing on my part to Breach the contract. He said over and over again that he is a man of his words and a "straight shooter" and the car would be sold to me unless I backed out. We told him a dozen times to tell anyone else interested that it is sold! And he said he would. But I guess the greed got to him. I have all talking on video and audio, and all messages on either text or email.
I know I won't be able to just go out and "buy another one and forget about it". A similar one could cost me up to $80,000+ and could take years to find.
He refunded me my $2000 security deposit, but that is not going to cut it. I either want the car back for the price we agreed on, or I want some if not all of the $11000 extra he got by selling it to someone else.
You guys are the experts, let me know where I stand.

Thanks so much!!
 
What do you have in writing? If naught, then it's your word against his. Situation sucks, but the time and money that it would cost you to get anything(IF anything)
is probably not worth it. What you would have to prove is monetarily, how you were harmed. What did it actually cost you by not being able to purchase this vehicle. This is not a legal opinion, just my personal opinion for whatever that's worth to you.
 
I either want the car back for the price we agreed on, or I want some if not all of the $11000 extra he got by selling it to someone else.

As a practical matter, you aren't going to get the car and you could easily spend $10,000 on a lawyer trying to get a piece of the $11,000.

I suggest you just forget it and move on to the next car. I've been buying and selling cars for 40 years. This kind of stuff happens. There is no sale until all of the cash changes hands.
 
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