BMW Dealer Refuses To Honor eBay Sale

UPDATE: Facing Online Onslaught, Dealership Honors eBay Sale

15 minutes after Ken won a no-reserve eBay auction for a new BMW 3 Sedan for $60,000, he says a salesman at BMW of Lincoln nervously called him up and said that the price was a “mistake.” “When I pressed the issue and raised the possibility of legal action,” Ken wrote on the m3post.com forums, “this guy had the nerve to condescendingly laugh and say we are a multi-billion dollar company, ebay will definitely side with us.” Actually, that’s not how eBay works. eBay says its sales are legally binding contracts. Ken has already started the dispute resolution process and eBay seems inclined in his favor. If the dealership loses the appeal, they will also lose their eBay seller account.

BMW dealer auctions new M3 for $60K on eBay, doesn’t want to honor the deal [AutoBlog] (Thanks to everyone who sent this in!)
Won ebay auction at 60K for E90 M3, BMW of Lincoln refusing to honor [m3post]
[eBay Auction]

Comments

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  1. colinjay says:

    Here’s to hoping that they come through at the agreed price.

  2. CRNewsom says:

    Crappy BMW dealership trifecta now in play?

  3. timmus says:

    If the dealership has fat wallets, it seems to me they could easily set up a fake corporation and assign an eBay account to it, or let the salespeople sell as individuals.

  4. knyghtryda says:

    I think the dealer is gonna come out of this with slightly lighter pockets and the guy is gonna drive home one hell of a deal. Well, that all depends on this dealership’s current ebay rating and whether they are willing to forfeit that for a few thousand dollars. Isn’t the m3 msrp ~$64k?

  5. Greeper says:

    I wonder how he arrives at the “multi billion” figure.

  6. homerjay says:

    I’m sure eBay will ultimately screw the person who was right. Its usually how it goes.

  7. ghnvt says:

    @Greeper: I think he means BMW itself, I am assuming because I don’t know of any dealerships that could be multi-billion dollars, but I am not sure.

  8. ARP says:

    I think Ken has the advantage here. Unless the price was clearly a mistake (e.g. a new 3 series for $600), then they should honor the price. Besides they did a no reserve auction- that’s their problem.

    I do wonder if ebay will eventually side with the dealer due to conflicts of interest. To wrap in another popular topic, its just like arbitration. The auto dealer likely does a lot more business than Ken does with ebay and has strong incentive to keep them as a customer.

  9. CRNewsom says:

    I really enjoyed the comments on the Autoblog forum, especially the following:

    “If he would have bid $120,000 on the car and tried to back out of it, they would have sued the pants off him.”

    Sometimes you win and sometimes you lose on ebay.

  10. LJKelley says:

    I’m glad you guys posted this :) Its wrong and shows why eBay still needs to allow negative feedback for sellers.

    The really odd thing is this car isn’t really a huge steal since its higher than base MSRP (though I’m sure the options make it more expesnive). Just another company thinking they make all the rules. I have emailed the dealer to inform them of my opinion and the fact they are all over the web with bad press.

  11. picardia says:

    If they didn’t want to sell the car that cheaply, they should’ve set a reserve. The car is clearly his, fair and square.

  12. Thomas Palmer says:

    Whoever made that ebay listing is going to be in a lot of trouble.

  13. mantari says:

    @LJKelley: “Just another company thinking they make all the rules.”

    Car dealerships are all about control.

    PS: There is another term for “mistake”. It is negligence. He should not have to pay for the dealership’s negligence.

  14. chartrule says:

    they have the rules for e-bay here

    [pages.ebay.com]

    one of the rules is

    Completing the sale

    If your item sells successfully, the sale needs to be completed. This includes contacting your buyer, accepting payment and shipping the item.

  15. sweetpea12 says:

    I definitely think that eBay won’t side with the dealership. They’ve been getting too much bad press lately with the hikes in their fees and what not. They’re going to want some good press. If they side with the dealership, you know some national newspaper is going to pick up the story and rip them to shreds.

  16. AddMan says:

    From what I was reading on the original forum, this dealership is horrible. They’ve got a so-so eBay rating, their BBB page shows a handful of complaints that the company has ignored, and even people who say they live near there say they would step foot on the property. So it really doesn’t surprise me that they would pull something like this.

    As much as I hope he gets the car for the agreed-upon price, I think there’s a lesson in all of this: If you’re going to do business with an actual company over e-bay, check up on them (i.e. BBB’s site, ebay Feedback) before going through with anything. Not saying that would change this situation, but if it was me and I had seen their BBB page, I’d like to think I would have thought twice about putting in a bid.

  17. Scotus says:

    “If the dealership loses the appeal, they will also lose their eBay seller account.”

    Will they? I once had a buyer flake out on me after he won an auction, and then changed his mind. He got an upaid item strike, but his account is still active. Maybe it’s different for sellers (especially on that level), but even if eBay does close the account, they probably won’t stop the dealership from opening a new one.

    Unless BMW gets spooked by the bad publicity, I think the only way the buyer gets satisfaction is to pursue it in court. But since they’re in two different states, I doubt that’s going to happen.

  18. madanthony says:

    You know, frequently I’ve noticed this on Consumerist. I’ll read a story, and the consumer will be right. The store/csr will be totally wrong, but I’ll read the transcript of what the customer said, and there will be something there that makes me go “god, this guy’s a dick”. This is one of those cases – from the m3 forum post:

    I corrected Michael, and told him your company may have revenue in the millions, but you make 35K a year, screwed the pooch on this one so lets not get carried away.

    Do people really think that insulting the person that they are trying to get something from (even if that something is rightfully theirs) is going to help things?

  19. less_is_best says:

    Ebay will side with the dealer. They get a HUGE cut from a $60,000 sale, none from the buyer. They will not give a rats ass about Joe buyer, but they will do evrything they can to keep the dealership (read cash cow) happy. “Oh yeah, they will side with the buyer”. How Naieve. Ebay could care less about the buyers. It is a sellers site. Truth!

  20. consumersaur says:

    @LJKelley: You can still leave negative feedback for sellers. Sellers just can’t leave them for buyers.

  21. demonsun says:

    Base MSRP of a 08 M3 is $53k. As configured in the auction its about 66,745 according to BMW’s website, this thing has ALL of the options.

    He made a nice little deal, saved about 6-7 grand plus all of those damn dealer fees. no wonder the dealer doesn’t want to give it to him.

  22. bohemian says:

    Oh this guy needs to bring some local news camera crews with when he goes to pick up his car. That would prevent any last minute games they might try to play.

    If the auction ran its course, rather than they started said auction, realized the no reserve mistake and fixed the auction or shut it down that would be different.

    $4 grand under MSRP doesn’t sound like a big deal on a car going for that much money. When you can get $3 grand off deals on cheapo domestic cars all the time.

  23. Riddar says:

    @madanthony: Just keep in mind people tend to get a little rash in a situation like this. If somebody told me they were going to cheat me in some way I think is illegal, then laugh at me when I say I will pursue the matter, I probably would have been a bit testy too.

  24. Greeper says:

    Ultimately it doesnt matter what Ebay thinks. It’s a contract and if the person wants to, they can sue and get the difference between contract price and what they ultimatley pay for a similar car. But it doesn’t seem like THAT great a deal, which begs the question of how/why the dealer cares that much.

  25. jamar0303 says:

    @less_is_best: Ebay might make more money, but is it worth the cost in bad press? I’m almost sure that this will hit the local media.

  26. Al in Texas says:

    @ghnvt:

    The dealer is part of the Van Tuyl automotive group, the largest (at least at one time) privately held dealership group in America. Billions may be right on the button.

    I’m wondering if this isn’t a mistake so much as a crappy MO for doing business.

    BMW Lincoln is part of the Van Tuyl Group. Van Tuyl also owns the Vandergriff dealerships in Arlington, Texas. These are the folks who initially tried to sneak in a 7% sales price increase on a new Chevrolet I purchased in January. I made arrangements over the internet. The salesman (a decent fellow) gave me a good quote on a bottom-feeder Aveo and quoted me an out-the-door price that I accepted. When I drove 100 miles to pick up the auto, he took the sales form back to his manager, they jacked up the price by 600. In this case, I showed them the original out the door quote (I’d printed out the email), and after some hesitation (and some serious frowning), they finally honored it. I appreciate that they honored the price in the end, but I feel pretty sure that I’d have been stiffed if I didn’t have the original quote in writing.

    Also, it seems that I’m not the only one who’s had this problem with Van Tuyl salesmen: [www.ripoffreport.com]

    Makes me think that this may not have been a mistake at all with the M3. I think I’m seeing a pattern here.

    Anyone had similar problems with VT Dealerships? Here’s a list of VT dealers from 2000:
    Westway Ford, Irving, TX
    Reliable Chevrolet, Richardson, TX
    Camelback Toyota, Phoenix
    Showcase Honda, Phoenix
    Reliable Chevrolet/Mercedes-Benz, Springfield, MO
    ABC Nissan, Phoenix
    Trophy Nissan, Mesquite, TX
    Vandergriff Chevrolet, Arlington, TX
    Toyota of Richardson, TX
    Van Chevrolet, Scottsdale, AZ
    Pinnacle Nissan/Infiniti, Scottsdale, AZ
    Showcase Pontiac-GMC, Phoenix
    Crest Autogroup (Cadillac-Isuzu-Kia), Plano, TX
    Cerritos Nissan, Cerritos, CA
    Van Chevrolet, Carrollton, TX
    Grand Prairie Ford, Grand Prairie, TX
    Reliable Chevrolet, Tulsa, OK
    Showcase Chevrolet, Dallas
    Reliable Toyota/Lexus/BMW, Springfield, MO
    Gwinnett Place Ford, Duluth, GA
    Miles Chevrolet/Nissan, Decatur, IL
    Huber Chevrolet, Omaha
    Reliable Chevrolet, Albuquerque, NM

  27. Smitherd says:

    @consumersaur: That’s really a shame, by the way, but that’s another post.

  28. EBounding says:

    @madanthony: The buyer should have kept the high ground, but he only said that after the manager laughed at his complaint.

  29. CRNewsom says:

    @bohemian: While I agree that you can usually deal your way down $3000 on a new car, this model car usually sells at or above MSRP due to demand. However, I think it all depends on the specific dealership you go to as to how good of a deal you can get out of them. The soon-to-be Mrs. CRNewsoms mom went to a KIA dealership and they wouldn’t take anything off sticker price. Some people are just ridiculous.

  30. reviarg says:

    The Husker Auto Group in Lincoln, NE is a pretty shady place. I made the mistake of taking my car there for repairs and they tried to sneak in all sorts of extra charges. I hope the buyer takes legal action and really stiffs this dealership because they deserve it.

  31. razremytuxbuddy says:

    I agree with the earlier post, that if the buyer was trying to back out, he would most certainly be held to the deal, under threat of litigation.

    Sounds like the sticker price for this car may be way off, and the market price closer to $60,000. Other prospective buyers should take note of that.

  32. whsprint says:

    @ghnvt: There are a number of dealerships that are part of huge companies. Like [www.capitalautomotive.com] and i know [www.marubeni.com] (a huge holding company) owns a few dealerships in new york. But any one stand alone dealership – yeah they are not going to be a multibillion dollar operation

  33. cerbie says:

    They sold the car. They deserve to get nailed to the wall.

  34. ClayS says:

    @less_is_best:
    The dealer doesn’t want to consumate the sale at the auction price which is $60K. So if eBay sides with the dealer, how does that benefit eBay financially?

  35. Asvetic says:

    Serves them right for selling a car of that caliber at No-Reserve. You don’t want to get low-balled, you set a reserve price, easy as that.

    Course, that’s a sweet looking car and I’m surprised they’d even need to put it on Ebay.

  36. nutrigm says:

    I wonder how much the dealership has to pay in listing and final value price fees! ouch! Well maybe they can make it up by charging a high shipping fee? lol!

  37. philipbarrett2003 says:

    I gotta wonder what BMW thinks about their dealers selling new vehicles on ebay? Doesn’t really play into their image does it?

  38. Coder4Life says:

    You really shoudl read the blog where the story originated from. It’s halarious. The dealership is sending their own people to sign up and defend the dealership on basis of ethical mistakes.

    Funny how they turn around to ethics once they didn’t get what they awnt out of the car.

  39. Darkwish says:

    eBay will probably side with the buyer on this one, and they will still get their fees for the listing, even if the seller refuses to go through with it.

    As for the seller losing their account, it depends on a lot of things, but don’t count on it unless they have a history of eBay violations.

  40. SonicMan says:

    Well. Perhaps if this guy loses with ebay, we should all start bidding on this dealers cars.

    Say 1 million for each, then back out and say it was just a mistake. We did not mean to bid at that price.

  41. bonzombiekitty says:

    @ClayS: Because in theory the dealer would put it up for auction again with the appropriate reserve and make more money on it, and Ebay would get a larger amount of money in the future. They also might want to keep the dealer happy so they’ll continue making money off the dealer.

    However, what the dealer is doing is clearly in violation of ebay’s rules. There’s no obvious pricing error. The auction was completed and the dealer was obviously watching what was going on with the price and did not cancel the auction or set a reserve.

  42. henwy says:

    To my knowledge, there’s no good way to force someone to comply. Ebay can terminate their account but that’s about it. It’s not exactly hard to start up another account either.

  43. cmdrsass says:

    I’ve seen this happen a lot on eBay. A seller places an item up for bid that they think is worth a lot more than it really will sell for. Once it dawns on the seller that the bids aren’t going to go sky high, they withdraw the auction, or renege on the sale.

    Bad press means nothing when you’re the only game in town, however eBay will side with the buyer on this one if only to collect their fees.

  44. gopher1978 says:

    I would like to know what dealership this is. A couple hundred calls to them might be in store

  45. tlpintpe says:

    By this point BMW itself, the Van Tuyl Group and the dealership have all lost far more business than they have gained by virtue of bad publicity. Viral marketing can pound the heck out of shady dealers like these.

  46. mac-phisto says:

    well, hopefully it works out. i ran into a similar issue a few years back when i was bidding on a triumph speed triple motorcycle from a nj dealer. this is supposition on my part, but i think a few people associated with the dealership bid on their own listing to jack the price up last minute, knowing that they could offer the bike to other bidders when the winner didn’t pay. what makes me think that? in the last 5 minutes of bidding, two bidders with 0 bid history from the same section of jersey bid the bike $3000 above book value.

    that pretty much soured me from the whole ebay dealer auction thing for me. car dealers are sleazy enough when you’re waving cash in front of their face, the anonymity of the internet makes it even worse.

  47. azntg says:

    If I ever have a chance to put my hands on a significant sum of money, it’ll never be on a luxury car!

  48. Buran says:

    @Smitherd: It is and it’s a lot of why I will probably never sell on ebay again. I left negative feedback for a buyer once — because she was refusing to pay me for an “all sales final” item. Reason? She thought mine was too pricey (then don’t bid that much!) and won it for less from someone else, and thought I’d let her out of it. Sorry, lady, you were warned.

    The icing on the cake? She left ME negative feedback (spoiling my 100% positive record, in which everyone else was happy with me for fast ship/pay) saying “Seller was rude”.

    Well that’s her problem if she thinks people are rude for trying to collect. I had to report her to ebay to get her to pay.

    The “It was worth it” result? She lost her account for having out of date contact info and ebay kicked her for violating the rules.

  49. Buran says:

    @madanthony: It does not make the guy any less legally right. There is now a contract stating that he is owed one car in exchange for payment of the final auction price. If they fail to provide it as agreed, he can sue them for breach of contract and get a court to force them to provide it. If they don’t he can have it seized by the court and have the court mediate (or however that works). There’s bad blood between parties all the time, and sometimes you see mudslinging press releases from both sides of major trials, but that doesn’t make the dispute invalid.

  50. NightSteel says:

    It makes me wonder if the dealership has sold the car to someone else. It’s at least possible. I could see a sleazy dealer trying to push the car off the lot so the auction winner wouldn’t be able to get it.

  51. revmatty says:

    RE: questions about how much eBay benefits if they side with the dealer. Pretty easy to figure out, since the price is 60,000. IIRC ebay takes something like 5% (might be different for cars). That’s $3000. Even if they got 20% it’s only $12,000. eBay made over $1,000,000,000.00 in the last quarter of last year. I think it’s unlikely that they would side with the seller in such a clear cut case over what amounts to pocket change for th company.

  52. Netlizard says:

    If the Dealership would have set a reserved price, they will have to pay a fee based on that set amount, by allowing this auction to go at no reserve, then there is no fee until the vehicle is sold.

    A deal is a deal, read the policies of Ebay, this dealership needs to honor the price, it was sold at auction and that is it.

    Whoever made the mistake needs to be held accountable, that simple !

  53. Buran says:

    @CRNewsom: On a Kia? Crazy. But the fact that you can get a lot of cars a fair bit under MSRP means that it sure doesn’t look like a mistake so I think he has a case.

  54. Buran says:

    @NightSteel: In that case, wouldn’t they have to then procure a replacement for him so that the contract can be fulfilled, a replacement of equal or greater value? At their expense?

  55. Dont Know Me? You Are Me. says:

    @revmatty: Yeah, but you’re way off on ebay’s revenue. Ebay charges flat fees for cars and such, so they’re probably out more like $100-$150.

  56. Pylon83 says:

    @NightSteel:
    What Buran is talking about is called Specific Performance, or forcing the “Breaching” party to fulfill their end of the deal. It’s actually a pretty extreme remedy, and is less likely to be granted than damages. If the car were to be sold, the dealer would be liable for the difference between the contract price ($60k) and the price to procure a suitable substitute (likely MSRP of the car as equipped).

  57. @madanthony: Do people really think that insulting the person that they are trying to get something from (even if that something is rightfully theirs) is going to help things?

    The ad-hominem attack is a natural response to a wrong for some. I’d like to think that, in the heat of things, they’re just having trouble seeing the big picture. The Daily Show has a saying for that part of their psyche: You’re not helping.

    It’s best to check your emotions at the door.

  58. @gopher1978: No, no calls are in order. That’s uncalled for and people are already doing it. It won’t help the situation.

  59. chadb says:

    The bad publicity alone is worth the price of the car.

  60. cashmerewhore says:

    @consumersaur:

    I don’t know if anybody mentioned this, too lazy to read all the comments, but the feedback change doesn’t take effect ’til MAY. Sellers can still leave buyers negative feedback.

  61. Stanwell says:

    @NightSteel: I wonder that too. I used to browse ebay motors, and often dealers will post some type of notice to the effect that they reserve the right to sell locally if they find a buyer. How that works with ebay rules i don’t know, but either way there’s no such disclaimer that i saw on the listing, so the dealer should still be on the hook.

  62. nequam says:

    @less_is_best: They don’t get a cit from the sale unless it’s completed. Right? Your logic actually favors siding with the buyer.

  63. ???/??? says:

    Unfortunately, though IANAL, I’d have to question if the BMW dealership is really under any obligation to actually follow through the transaction. On what legal grounds does Ebay have to say “Oh you MUST follow through, or else?”

    And as an arbitration, if you’re saying “Well ebay certainly has more incentive to side w/ BMW” then frankly, that’s not arbitration! And as so, neither side is obligated to follow through.

    For more information, see Judge Judy and how her court proceedings work. Though she likes to bitch and moan, her decision isn’t final even as an arbitration court!

    If I was the buyer – I’d do a quick little thing known as Small Claims Court. You can’t sue for the full amount of the BMW, but you sue for damages related to the transaction, such as time spent handling this situation. You can be sure this will make the news headlines then!

    Really, it all depends of the legal basis that Ebay has.

  64. mike says:

    Oh no! BMW will lose their eBay account!! Somebody call the church elders!

    Seriously, how is this punishment? Unless they have a lot of feedback, they can just create another acount.

    The guy should take BMW to court and rape them against the wall.

  65. nequam says:

    @nequam: Oops… “they don;t get a CUT”

  66. Pylon83 says:

    @nequam:
    E-Bay actually hits the seller for the fee as soon as the auction ends with a successful buyer. They could care less whether the transaction actually gets completed (as far as whether or not they get paid). The second that auction ended, the Dealers account got hit for the Final Value Fee.

  67. jeblis says:

    Time to talk to BMW corporate. I doubt they’d want the bad press over $5K. They’ll probably force the dealer to apologize and eat the loss.

  68. BeFrugalNotCheap says:

    I hope he wins the car then calls that salesman afterwards and tells him “Who’s laughing now you fucking asshole?”. Okay, so the second part is’nt exactly gentlemanly conduct, I just hope he gets the car.

  69. jhuang says:

    Glad to see this attracting so much attention! Hope the dealer gets what’s coming to it.

  70. seth1066 says:

    Well, at least there was no shill bidding being done by the dealer.

  71. unclescrooge says:

    @CRNewsom:

    actually…it’s been my experience that you usually lose on ebay.

    it’s like this quote….”no one really wins, you just hope to do a little better each time you play.” cleveland brown on family guy

  72. gqcarrick says:

    I hope they do lose their account if they don’t go through with the sale, the regular joe would if he did the same thing.

  73. StevenJD says:

    Has anybody thought…. the dealer already sold the car?

    And since VIN numbers are specific, and the dealer doesn’t have the car because somebody walked in off the street and purchased it, the dealer can not fulfill the ebay sale.

    And there is nothing wrong with the dealer selling the car while offering the car on ebay. Ebay is just another channel to sell the product, not an exclusive channel to sell the product.

    Even if not true, the dealer only has to claim that they sold the car, entered the wrong VIN number yada yada and the dealer is off the hook.

    Bottom line, Ebay will side with the dealer.

  74. mantari says:

    @StevenJD: If an item is no longer available for sale, a seller is to remove the item before the auction has ended. That is, in fact, a valid reason for ending an auction early.

    If the dealer sold the car either during the listing period (and did not remove the listing), or after the auction completed (entering into a second contract on the same item), then they’ve created their own problem. It also starts to sound like fraud.

  75. cerbie says:

    @StevenJD: how does that get the dealer off the hook? They owe him an equivalent car, if that is what happened. It may be another avenue of sale, but if they sold it on one, then it is sold. Selling it multiple times is a wee bit, erm, fraudulent.

    Ebay offers evidence that the buyer bought the car. beyond that, they basically don’t matter, anymore.

  76. jpx72x says:

    @StevenJD: You have no idea what you’re talking about. Please don’t mislead people by spouting out rubbish.

  77. Buran says:

    @StevenJD: The specific VIN is in the auction. The second sale would be invalid, right?

  78. SOhp101 says:

    Ebay fees for autos are set up differently–it’s a flat fee for insertion or transaction services (you only pay for the former if no one bids on your car).

    Man, a fully loaded M3 for $60k? That’s one heckofa bargain.

  79. Woofer00 says:

    @StevenJD: Also, consider that the dealership later contacted him to make another offer for a lesser but still substantial discount. If the vehicle were no longer available, the dealer could simply relay that information to eBay and the matter would be settled without controversy other than the buyer’s being out of luck under the 3rd party auction site’s rules.

    Having read through the 30+ pages of forum messaging, I’d have to discourage anyone else from doing so – there’s a lot of bickering in there over the terms of the auction and eBay’s policies regarding contract issues, reserve prices, and avenues of recourse. It’s chock full of “+1 support” posts and inaccurate legal references by non-lawyers interpreting non-statute texts (ex: the UCC, while strongly persuasive and copied nearly identically by many states, is not binding law)

    For now, the situation as it stands seems to be that that the dealer has thus far refused to honor the closing price of $60k and has attempted to renegotiate the terms to make an offer of $65.6k (a discount of $3k off the MSRP but only ~1.3k off the BuyItNow price of 66926). It is worth noting that the price is unlikely to be a mistake, as the seller made numerous modifications to the auction including changes to the BIN price. A quick review of the seller’s feedback also indicates that the dealer has on one occasion in the recent past failed to fulfill a closing price.

  80. Buran says:

    @Pylon83: How is it an extreme remedy to force a party to stand up to its deal?

  81. Anonymous says:

    I called the dealership and asked for a comment they said “[they] were going to go ahead and sell him the car.”

    Fil Catania
    General Manager

    Ryan Mathis
    Vehicle Sales Manager

    Jeff Martz
    Internet Manager

    (866) 520-7950
    (402) 479-7600

  82. minvasive says:

    Maybe PayPal can step in and just take everyone’s money.

  83. Pylon83 says:

    @Buran:
    It’s extreme in the fact that courts are less likely to grant it as opposed to damages. Personally, I think that specific performance is a fine remedy, but the courts (generally) tend to lean toward damages as opposed to specific performance. Cases like this are prime for damages over specific performance, because it can be “cured” by simply giving him the difference between the contract price and the cost to procure a suitable substitute. In reality, it doesn’t make a whole lot of difference either way. The guy is going to get a fully loaded M3 for $60k, be it from that dealer or from another using his damages to fill the gap.

  84. jhuang says:

    @seth1066: actually.. somebody posted in the M3 thread that there might have been shill bidding on other auctions by the same dealer after all.

  85. Bender says:

    I don’t think Ken is going to get his ride.

    Ken should have skipped the appeal and went straight for revenge. Leave postive feedback for the sale. When the dealer tries to claim the sale was never completed, insist to eBay he had paid and received the vehicle.

    Now the dealer is stuck paying the final value fee on a $60000 sale.

  86. Pylon83 says:

    @Bender:
    It’s been noted more than once in the original forum that Ebay Motors is different in the fact it charges a flat fee with no traditional Final Value Fee.

  87. strathmeyer says:

    Well, I am greatly concerned by this attitude of “I hope ebay is going to take care of it.” Shouldn’t our advice to him to be for him to get a lawyer?

  88. cylonite says:

    have any of you noticed that there are 2 or more digg articles, one with more than 460 diggs and 72 comments that have failed to make it to the frontpage. Are they being buried cos they have eBay in the title?
    Check for yourself.
    [digg.com]

  89. toddy33 says:

    Update…he just posted on the M3 site. :) He got it!!

  90. Geekybiker says:

    This isn’t the first time this has happened. Give them a reasonable time to make an offer then sue for damages (difference between 60k and what you end up paying) Question is if a court will hold an ebay auction as a binding contract.

  91. redkamel says:

    yeah I read the update too! good for him. I just hope he gets the car undamaged.

  92. Woofer00 says:

    @Pylon83: Specific performance is typically the desired result in this time of action. The buyer still wants the exact car as listed at the price listed. Going to another dealership might provide the opportunity to purchase the same good, but with additional inconveniences. Monetary damages might not cure the injury.
    Specific performance would not be desired where performance of the contract would not achieve the desired result. e.g. a contractor doing subpar work resulting of a breach of contract – you don’t want the same guy to complete or repair the work and will requires damages to compensate the loss due to the breach.

    As Toddy33 just noted, the buyer did get contacted by the dealership indicating he would get the $60k price with certain conditions that have not been disclosed (as of yet).

  93. failurate says:

    It seems odd that BMW lets thier dealerships sell new units on e-Bay.

  94. failurate says:

    @Al in Texas: You have to fine tooth it through car dealership customer feed back. Car buying and selling is a complicated transaction that a lot of people like to complain about, lots of buyer’s remorse.

  95. IndyJaws says:

    As some others have reported, it looks like he’s going to get his car. Here’s his post:

    Sorry its taken so long to post a update. The site is very slow (understandably). This morning, BMW of Lincoln has agreed to sell me the car at a price of 60K, with certain conditions. I’ll be going over the conditions with the dealership tommorow, and I hope to have everything finalized by tommorow afternoon.

    But one thing that I would like to make everyone aware of is, BMW of Lincoln is proactively working to correct the situation that they screwed up. And yes, they screwed up big time, no doubt about that.They are trying to do right, so please don’t harass the dealership right now. No phone calls, threats, emails or fake sales calls.

    That said, I would just like to take a step back for a moment.
    The past few days have been insane. Just thinking about what has transpired, leaves you speechless really. How did this thing go from a M3post.com rant to what it became today? In 3 days, the site amassed
    650+ comments and 200,000 page views, with people posting from all around the world, lending their support and help. Thats people I dont even know! Amazing stuff, and probably the coolest thing I have ever
    been part of, leveraging the internet in a way that I have never seen before. People I have never met, making calls on my behalf, contacting automotive sites, supplying information, just doing anything and everything possible to help out.

    Lets do it again sometime, I hope to be there for someone when they are in need.

    Thanks guys, there are good people in this world after all.
    I’ll post again tommorow.

    Regards

    Ken

  96. Whiskey Tango Foxtrot says:

    Dooma350 just posted an update on m3post.com

    ===============

    Sorry its taken so long to post a update. The site is very slow (understandably). This morning, BMW of Lincoln has agreed to sell me the car at a price of 60K, with certain conditions. I’ll be going over the conditions with the dealership tommorow, and I hope to have everything finalized by tommorow afternoon.

    But one thing that I would like to make everyone aware of is, BMW of Lincoln is proactively working to correct the situation that they screwed up. And yes, they screwed up big time, no doubt about that.They are trying to do right, so please don’t harass the dealership right now. No phone calls, threats, emails or fake sales calls.

    That said, I would just like to take a step back for a moment.
    The past few days have been insane. Just thinking about what has transpired, leaves you speechless really. How did this thing go from a M3post.com rant to what it became today? In 3 days, the site amassed
    650+ comments and 200,000 page views, with people posting from all around the world, lending their support and help. Thats people I dont even know! Amazing stuff, and probably the coolest thing I have ever
    been part of, leveraging the internet in a way that I have never seen before. People I have never met, making calls on my behalf, contacting automotive sites, supplying information, just doing anything and everything possible to help out.

    Lets do it again sometime, I hope to be there for someone when they are in need.

    Thanks guys, there are good people in this world after all.
    I’ll post again tommorow.

    Regards

    Ken

    ==============

    [www.m3post.com]

    Lets hear it for the power of the internet!!!

  97. Whiskey Tango Foxtrot says:

    @Neecy: My bad for the respost – I hadn’t refreshed, and didnt realize IndyJaws had already posted the msg. Apologies.

  98. DojiStar says:

    I wonder what the conditions will be.

    Make all the bashing of us on the interweb stop?

    Or maybe, You can’t ever never visit my salemans myspace page any more?
    [profile.myspace.com]
    [profile.myspace.com]

  99. seth1066 says:

    @jhuang: Yeah, but why would they fail to shill it on the one that counted? …so maybe the other forum got it wrong.

  100. kalikidtx says:

    @Al in Texas:

    You are correct VT stores are the worst, good luck! They are kown for pulling these stunts, and yes between all their dealerships, they do pull in multi billion + dollars in sales (not profit)

    Get as much negative publicity as possible out in the open. In the end this will (and rightfully so) should cost them more then 1 customer and 1 sale…

  101. ViperBorg says:

    What? People still use eBay?

  102. dazzlezak says:

    What do you want from a place with the name like Huckster Auto Group? (Husker, I know)

    IMHO all Auto dealers should haver the name Huckster befor the title of the dealership to remind you always. Swindler or Liar would also be acceptable.

    You know, Huckster Ford, Huckster Hyundai, Liar Lincoln, Swindler Subaru/Suzuki.

  103. theycallmetak says:

    I think the most important lesson here is that you should forget the M3. Plan on spending a little more perhaps and wait for the new GT-R.

  104. Teh1337Pirate says:

    wow….you paid 60 grand for a 3 series???? you could get a really nice 5 or 7 series used for half that.

  105. b-real says:

    @Teh1337Pirate:

    I’m guessing you have no experience with BMW; this is the Motorsport 3-series, the M3. $60K for the new 2008 is a STEAL, and it’s in huge demand right now.

  106. rellog says:

    @Riddar: Add to that, the salesman got rude without provocation. Normally I reserve the verbal beat-downs for the management that makes the decisions, but sometimes the salespeople deserve what they get. The OP was simply responding. I can’t fault him for that.
    As an example, I was at Target returning something and the CSR was being a bit difficult and curt. She said something about “this one time….yada yada” and I turned to my friend and said, “well I guess I won’t buy these here anymore…” not snotty, just matter of factly. She responded rudely and uncalled for, so I replied just as rudely in return. She asked for it.

  107. iaintgoingthere says:

    BMW 3 series for $60,000!!
    Why pay that much for a car? once you drive it out of dealer’s lot, the price will drop to $20,000. I guess you want to show the thieves how rich you are.

  108. sublicon says:

    Maaan, whatever those “conditions” are, they better be fair. I hate hearing crap like this.

    There should be no negotiations at all, the sale is legally binding . . boom, take the 60K, give him the damned car. End of story.

  109. Smitherd says:

    @Buran: Yep. I had the same thing once. I sold a PS1 game as-is to a guy who later got upset and negged me, [ruining my 100% feedback as well] claiming that the game was broken. [DUH! It was sold as-is, moron!] He had wrong contact information, but eBay would not remove the feedback. Luckily, I was able to talk him into a mutual withdrawal.

  110. mariospants says:

    I’m sorry, but unless it’s an m-series covertible, no 3 series sedan should be worth $60k. I can’t believe people pay that much for the damn thing. You could have a ’96 993 coupe with low mileage plus a reasonably used 2003 3 series sedan for that much, plus probably some cash for insurance.