98tlracer

So I was planning to sell my 98' TL and upgrade to a 02-03 TL type s w/navi. I found this guy who was selling one online for $21.5 with 42k miles. I e-mailed him and the following morning he emailed me back saying that he agreed to sell his car to someone already. He also stated that he will let me know if the deal was unsuccessful. This was Monday morning. On Wednesday morning, I contacted him to see if the deal went through and he responded a few hours later that the buyer did not try to contact him and if I was still interested, I can look at the car on Thursday. On Thursday afternoon, I met up with the seller to look at his car and seeing that it was in excellent condition, I agreed to buy it for $!9.2. I had the seller sign a deposit slip form that I downloaded at CarBuyingTips.com and I gave him a $1000 deposit. The contract that we both signed clearly states that the seller received the deposit from the buyer and he shall not sell his vehicle to another buyer unless the current buyer fails to pay the remainder of the money owed. After I got the cashier's check ready for Saturday, the day that I will pick up the car, his wife called to inform me that they will be selling the car to the first guy who looked at it. Like any other person, I was PISSED off and she said that they were sorry but the car was promised to the other guy beforehand. She offered to reimburse me for my deposit and my travel expenses but I rather have the car.

Now here is the thing...I think that they are selling it to the other person because he probably offering more money. Also, he never signed a contract with the guy nor did he leave a deposit. I have contract with him right now saying that he can not sell the car to anyone else unlees I fail to pay for the remaining balance by tomorrow (Saturday). I already left him a message saying letting him know that he signed a binding contract and that he cant break it. I also told him that if he doesn't sell me the car then I will be forced to take him to small claims court.

So what should I do now? Any lawyers in this forum that can give me any legal advice? Let me know. Thanks.