Used Cars: Delivery of a Vehicle, winter recess, small claims court

Question
My 17 yr old daughter purchased a car n Syracuse, NY and signed a bill of sale while on winter recess. The car was supposed to be ready Fri Jan.2, 2009. When I found out the car was not ready I asked him 2 refund all of her money minus the inspection fee. He stated instead of refunding the money he'd b willing to deliver the car to me in Maryland I agreed to meet him in PA at exit 72 at the Best Western which was covered in an email I sent him covering our entire conversation with all the stipulations. My mother got the car registered an we were set to meet Jan 10. During my trip his wife continued to call me and yell & scream about how far they had to drive & he would not answer his phone. We received several text messages from them that the car was left at exit 124b at a Rite Aid with the keys under the mat & that the police had been contacted so we'd better get there before it was towed. I received a call from the officer & since the car had my mothers plates & registration he advised me it probably be best we come get it. Well, when we finally got to the Rite Aid the car was backed into a spot against the rail. Well long story short there was damage done to the rear end of the driver side bumper in which it appears some one has been in an accident. What can I do?

Answer
Thanks for your question. I am sorry to hear of your terrible situation. First I need to know if you bought it from a dealer or a private party? If you bought it from a private party there is nothing you can do, sorry. If you bought it from a dealer my next question is did you daughter sign a "Buyers Guide"? This is a standard form that list if a vehicle has any warranty or if it is sold "as Is". I would guess that she bought it As Is which means she is on her own. Did the inspection that you had done list any damage to the car? The only thing you could do is take the person to small claims court for the amount of the damage to the vehicle. However you would have to be able to prove that the damage wasn't there when you bought it and travel to the state where the deal took place at least twice once to file the claim and once for the hearing. Unfortunately it sounds like you can't do much. Anything that was agreed to verbally won't hold up in court, only written agreements are enforceable. This is why I don't encourage people to buy out of state you want to be able to "put your hands and eyes on the car". Take care. Shane