On Fri, 28 Mar 2008 04:55:45 -0700 (PDT), Phil Payne
<isham.research@[EMAIL PROTECTED]
> wrote:
>http://www.m3post.com/forums/showthread.php?t=127993
>
>This was originally being updated in another thread but I wanted to
>get some additional opinions so I am posting this here. Sorry if its
>the wrong section.
>
>I've been looking to get an E90 M3 sedan, and was cruising ebay when I
>came upon this auction. Its for a Jerez Black sedan with FR interior,
>loaded with everything except extended leather.
>The car advertises its title in CAPS "LOWEST PRICE ON EBAY". The
>auction started at 60,000 and had a BUY IT NOW for 66926 K. NO
>RESERVE.
>
>http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&_trkparms=tab%3DWatching&viewitem=&item=230233277471&_trksid=p3907.m32
>
>
>Jerez black on Fox red was not my first choice (I have a deposit for
>AW/Silver interior with DCT at a local dealer) but I was willing to
>live
>with it at a 60K price point, so I bid on it with the intention to pay
>if I
>won.
>I wasn't sure if I would win or not, but I went ahead and secured
>financing
>prior to the auction end so I could arrange immediate payment.
>I ended up winning the auction with a bid of 60K (my max was 61K).
>
>15 minutes after auction end, this guy Michael Barett (At BMW of
>Nebraska)
>calls and nervously tells me the auction was a "mistake".
>I reminded him of his contractual obligation to complete the
>transaction,
>to which he continues to reply "it was a mistake", and refused to
>honor the
>deal.
>He then offered to call his manager and confirm what they could do,
>but
>same response. When I pressed the issue and raised the possibility of
>legal
>action, this guy had the nerve to condescendingly laugh and say we are
>a
>multi-billion dollar company, ebay will definitely side with us.
>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.
>But to make a long story short, he is refusing to honor the deal.
>
>This morning (Mar 21, 2008) I left a message with the GM (Fil Catania
>- He
>didn't pick up) to call me, so we will see what happens.
>
>But this whole incident just stinks, and sets a bad example for ebay
>auto
>sales in general.
>Can sellers, especially dealers (which you would think are held to a
>higher
>standard on ebay) just decide they don't want to honor a price? I know
>not
>all dealers are like this, but its pretty unethical, on both sides to
>back
>out of an auto auction because you dont like th eprice.
>
>Im convinced this dealer went into this auction intentionally setting
>a low
>price, with no reserve.
>The title, 08 M3 LOWEST PRICE ON EBAY says it all and me thinks they
>were
>hoping to generate bids, which didn't pan out.
>Also, the pricepoint at which they started the auction, 60K is no
>small
>amount.....its not as if the auction started at 0.01 and ended there,
>it
>started at 60K.
>Obviously, they set it to attract serious buyers with the money to
>complete
>the transaction.
>
>In this case, this dealer wasn't happy with the ending price, a 7K
>difference from his BUY IT NOW (which he adjusted twice, so I assume
>they
>watched this auction). Had the auction ended at 64K, would they have
>still
>refused?
>But I know had the auction ended at 90K, and I refused to pay, Im sure
>their lawyers would be all over me.
>Not sure what Im going to do, but part of me feels I should pursue
>this on
>principle alone. But at the same time, I dont want to get too worked
>up, as
>these things might drag out, take time/money and make it a negative
>experience overall. I want to be happy getting a new M3 like some of
>the
>others on the board, ya know?
Might be a good idea to check with a lawyer first regarding US law on
auctions.
If a Lawyer likes the challenge then you can sue and get the car - you
also sue
for costs and the lawyer picks them up as payment.
You get the car
Lawyer gets paid
BMW dealer loses.
--
Sir Hugh of Bognor
The difference between men and boys is the price of their toys.
Intelligence is not knowing the answer but knowing where and how to find
it!
Hugh Gundersen
hsg@[EMAIL PROTECTED]
Regis, W.Sus***, England, UK
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