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BMW of Lincoln refuses to honor EBAY auction winner

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Old 03-27-08, 03:24 PM
  #61  
MD350
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I hope this story makes Dateline or 60 mins. Dealers think they can just back out of a looser deal.

If the dealer was $10K over MSRP on the deal, do you think they would let the customer back out...HELL NO.

Don't get me wrong, there are good dealers out there. But, there are some bad ones. I work in the business I know what stores to refer family and friends to, and which stores to stay clear of.

Keep the updates coming!
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Old 03-27-08, 05:44 PM
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So did he end up getting the car or are they still fighting?
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Old 03-27-08, 07:49 PM
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Originally Posted by XeroK00L
But they did not cancel any bid did they? The auction ended with a winning bid standing. A binding contract was thus formed.
And if I were the dealer, I'd argue "at any time" means just that, even after the auction. I can't imagine an eBay auction has ever been litigated--that would be fantastic.
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Old 03-27-08, 07:51 PM
  #64  
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Originally Posted by XeroK00L
eBay allows cancelling a bid only before the auction ends, not after. Unless by "cancelling a bid" they mean to simply dishonor it.
Sounds like you are thinking of "withdrawing" a bid? That can only be done by a bidder under limited circumstances.
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Old 03-27-08, 07:55 PM
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Originally Posted by tex2670
And if I were the dealer, I'd argue "at any time" means just that, even after the auction. I can't imagine an eBay auction has ever been litigated--that would be fantastic.
Disputes from ebay auctions have been litigated many many times already. Usually it is a smaller things like not getting what was advertised, or outright fraud, but ebau auctions have seen the courtroom many times.
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Old 03-27-08, 08:08 PM
  #66  
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Originally Posted by tex2670
Sounds like you are thinking of "withdrawing" a bid? That can only be done by a bidder under limited circumstances.
No, both the buyers and the sellers can cancel bids.

For buyers:
http://pages.ebay.com/help/buy/quest...tract-bid.html

For sellers:
http://pages.ebay.com/help/sell/manage_bidders_ov.html
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Old 03-27-08, 08:10 PM
  #67  
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Originally Posted by tex2670
And if I were the dealer, I'd argue "at any time" means just that, even after the auction. I can't imagine an eBay auction has ever been litigated--that would be fantastic.
Any time sure, but the term "cancel" is already defined by eBay. There is just no legitimate way to "cancel" a bid after an auction closes.
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Old 03-27-08, 08:34 PM
  #68  
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Originally Posted by tex2670
And if I were the dealer, I'd argue "at any time" means just that, even after the auction. I can't imagine an eBay auction has ever been litigated--that would be fantastic.
you cant makeup whatever rules you want in the auction
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Old 03-28-08, 05:43 AM
  #69  
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Originally Posted by XeroK00L
Any time sure, but the term "cancel" is already defined by eBay. There is just no legitimate way to "cancel" a bid after an auction closes.
right. otherwise, why bother with a reserve? one could just say, "well, i didnt' get what i wanted, so i'm not selling it to you" in that event.
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Old 03-28-08, 10:55 AM
  #70  
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What is the reason for an auction? It gives a chance for bidder to get the product for a much lower price than if he actually goes to the store to buy it, or a chance for the vendor/seller to sell the product for a much higher price than the normal way selling it. Because of this reason, the final price of the bid would be determined by the popularity of the product, easiness to acquire it in other ways, actual selling price of the product in the store, starting bid price, and some other factors. In this case, the M3 sedan ends up at a price lower than the BMW dealer had hoped, they still need to accept the results instead of being an irresponsible child crying "it is not fair it is not fair"......Whatever mistakes they think they had made, they need to take it and move on. If the seller is not willing to sell it after the auction closes because they think the price is too low, they should have either set the starting bid price at a higher level/put a reserve price, or don't put the car in this ebay auction in the first place. Just sell the car in the dealer and ask for whatever crazy price they like, the worst is nobody buys it, it won't hurt their reputation like right now. In my opinion, there is really no legitimate reason for them to back out without any kind of penalty, they deserve the reprimand.
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Old 03-28-08, 11:14 AM
  #71  
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Originally Posted by dooma350 from m3post
Ok, here is whats going on. The details for paying for the car are complete, and it should be ready to be shipped tomorrow. Despite the dealer insinuation about finances (I blame my barrio, the mean streets of RPV), yes I qualified! I've asked Lincoln BMW to ship it to South Bay BMW and Philippe Kahn, South Bay's Internet manager, will go through the car with me when it arrives, and show me how everything works. South Bay's service dept will also check it out real closely. South Bay is my closest BMW dealer, and Philippe has been following this saga closely and volunteered to help. Phillipe and I talked today, props to him for helping set this up.

That said, I do have a pretty hefty legal bill to deal with. Scott's such a good guy, he has promised to reduce the fees but having worked so hard, he is the last person that I want to stiff. I don't care if I end up paying close to MSRP, but you got to take care of those who help you out. In this case, I wouldnt have gotten over the final hump without Scott. So, here is what Im thinking. I mentioned this before, but Lincoln BMW has promised to send the car to me with two license plate frames with the Husker cardboard inserts. I plan on using one of them. But I wanted to auction off the other license plate frame, with the Husker cardboard insert. Winner of the auction gets to
DESIGN MY CUSTOM CA LICENSE PLATE. And I will drive it around proudly, with an M3POST sticker.

PWNDFIL
FILSHIL
DOOMAM3



What do you think? Half the proceeds goto legal, half to charity. More details on the plate will be posted as the time comes.
But Wait! There is more. Despite all thats happened with Husker, they were kind enough to place me on the dealer mailing list. Buy a car, and receive a coupon for 2 free tickets to Nebraska's Spring Football Game!! Husker was kind enough to send this yesterday. Assuming the dealership will honor their coupon commitment, I fully expect to see 2 tickets in my car when its delivered. These too, will be included in the auction.



Before anyone volunteers again, I absolutely refuse to accept any donations. If you feel compelled to, please bid on the auction (but please, no fake bids and I promise not to shill bid! BTW, I have 100% positive feedback)

So was it worth it? Judging from the overwhelming response from all my friends here at M3post and beyond, hell yes.

By the way, please refer to my very first post on this board:
Quote:
Anyone ever experience anything like this on ebay?
Please feel free to chime in.
Thanks to the hundreds of thousands of you who helped out, including all the posters with great ideas, all the posters who provided advice and encouragement, and all of the rest of you who told me you were rooting for me. Props to Scott, who helped me out....I owe you big time. Let's keep this community alive. Don't stop now!

PS: When the car comes in I will announce it in advance and if some of you want to welcome it and take photos you'll be able to.

Thanks Again,

Ken
Looks like he is getting the car!! I wonder if he's on the CL since he currently drives lexus IS350.
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Old 03-28-08, 11:48 AM
  #72  
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Originally Posted by STIG
Looks like he is getting the car!! I wonder if he's on the CL since he currently drives lexus IS350.
Good for him. This sounds like a nice guy. It wasn't about the money but the principle too him.
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Old 03-28-08, 11:49 AM
  #73  
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Wow, glad to see he will finally get the car!
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Old 03-28-08, 12:03 PM
  #74  
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Originally Posted by TwiBlueG35
What is the reason for an auction? It gives a chance for bidder to get the product for a much lower price than if he actually goes to the store to buy it, or a chance for the vendor/seller to sell the product for a much higher price than the normal way selling it. Because of this reason, the final price of the bid would be determined by the popularity of the product, easiness to acquire it in other ways, actual selling price of the product in the store, starting bid price, and some other factors. In this case, the M3 sedan ends up at a price lower than the BMW dealer had hoped, they still need to accept the results instead of being an irresponsible child crying "it is not fair it is not fair"......Whatever mistakes they think they had made, they need to take it and move on. If the seller is not willing to sell it after the auction closes because they think the price is too low, they should have either set the starting bid price at a higher level/put a reserve price, or don't put the car in this ebay auction in the first place. Just sell the car in the dealer and ask for whatever crazy price they like, the worst is nobody buys it, it won't hurt their reputation like right now. In my opinion, there is really no legitimate reason for them to back out without any kind of penalty, they deserve the reprimand.
Troll around on eBay motors for a new or relatively new car, and you will quickly see that many dealers just use it as a method of advertising. Of course, many are more upfront about it, but only putting "Buy it Now" price, or "Make an Offer".
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Old 03-28-08, 12:48 PM
  #75  
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i will hold out until he gets the car with everything intact and fine

and of course, hope the legal bill is manageable
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