BMW STEALership messes up on eBAY

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Jan 28, 2004
http://www.m3post.com/forums/showthread.php?t=127993

Long story short, this guy wins an auction for a brand new M3 for 60k. He gets a call from the dealership saying that it's a mistake and offer to resell itto him for much much more...he is currently getting ready to take legal action and is hoping to spread the word to further discredit this dealership. A linkwas also posted to the BBB page and shows numerous filed complaints against them.
 
Legally, they have to sell it to him for the price he won the auction for. Point Blank. This same thing happened to me when I saw a car on ebaygoing for 13K. When I went to the dealer the sticker price was 16k. I told the salesperson that the ebay price(which was a buy it now price) is 13K. He pulledout a laptop and told me to show him. I sat down and pulled it up and the sticker price was 13K.

The seller has to honor the bid and auction for two reasons. The first being they entered a legally binding agreement to sell the car to a winning bidder whomet their criteria for an eligible bidder. The second being that they have to honor any advertised price. This is a legal requirement. The advertised
price is the winning bid.

All vehicles at The Husker Auto Group are for sale locally. We reserve the right to end the auction early due to a local sale.
This is the only thing on their side, but if they ain't sell the car locally...thenthey have to honor the winning bid. Even if ebay didn't intervene, they could be sued for false advertising. Moral of the story, know the sales lawspeople.

Game.

 
I didn't even know the M3 sedan was out already. Looks beautiful.
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Hope he's able to get the car. That actually is a very good price at $60k (waits for BMW heads to correct me). I mean, isn't a well equipped 3353-Series coupe about 50k?
 
MSRP starts at about 54k for the sedan, optioned out as pictured the car is about 69k...depending on where you live, like soCal or southern florida, or otherarea where luxury cars are fairly common you'll see 30k markups...but i know of dealers that are letting them go for msrp or $500 under
 
Originally Posted by RockStarGetMoney

Legally, they have to sell it to him for the price he won the auction for. Point Blank. This same thing happened to me when I saw a car on ebay going for 13K. When I went to the dealer the sticker price was 16k. I told the salesperson that the ebay price(which was a buy it now price) is 13K. He pulled out a laptop and told me to show him. I sat down and pulled it up and the sticker price was 13K.

The seller has to honor the bid and auction for two reasons. The first being they entered a legally binding agreement to sell the car to a winning bidder who met their criteria for an eligible bidder. The second being that they have to honor any advertised price. This is a legal requirement. The advertised
price is the winning bid.

All vehicles at The Husker Auto Group are for sale locally. We reserve the right to end the auction early due to a local sale.
This is the only thing on their side, but if they ain't sell the car locally...then they have to honor the winning bid. Even if ebay didn't intervene, they could be sued for false advertising. Moral of the story, know the sales laws people.

Game.



In a perfect world you'd be correct but we don' live in one.

The dealership knows that the vast majority of people will not seek legal action as it's very expensive. They also know Ebay sides with businessesbecause of the revenue they generate from them.

Money is king. Whoever has the money makes ( or breaks if they want to) the rules.

Unless the guy has the patience and money to go into a protracted legal battle than it's a lost cause.
 
lol its an audtion site... the worst that could happen is that they get their account canceled... clowns... thats not false advertisement... u know how manypeople refuse to sell stuff on ebay all the time?
 
Originally Posted by TW3EK

lol its an audtion site... the worst that could happen is that they get their account canceled... clowns... thats not false advertisement... u know how many people refuse to sell stuff on ebay all the time?

Exactly.

Reading that BMW site you'd think most of those people are naive children.

"Well it's the law. It's a contract."

First contract law is murky in its own right. Second this is an internet "contract" which is really an Ebay contract. Third as if the law alwayswins out.
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Originally Posted by TW3EK

lol its an audtion site... the worst that could happen is that they get their account canceled... clowns... thats not false advertisement... u know how many people refuse to sell stuff on ebay all the time?

Stick to making beats.

In a perfect world you'd be correct but we don' live in one.
The dealership knows that the vast majority of people will not seek legal action as it's very expensive. They also know Ebay sides with businesses because of the revenue they generate from them.
I've been through the same situation with a dealer and he had to give me an advertise price. Ebay has nothing to do with this. If the car waslisted on Autotrader.com or Cars.com for 60K and the buyer went to the dealer and the dealer wanted 69K, he would have to honor the 60K. The winning bid is theadvertised price. Plain and Simple. The same would be true if the advertised price was in an auto magazine. The buyer is in a better position than I was inbecause he actually won the auction. Its good to see dude ain't no square and he's willing to push the envelope on this. There's a differencebetween sounding like a naive child and actually knowing the law and knowing how to pursue the law.

You ain't telling me nothing about dealing with corporations and their trickery. I've beaten them time and time again at their won game. Oh yeah...

Game..
 
Originally Posted by RockStarGetMoney


In a perfect world you'd be correct but we don' live in one.
The dealership knows that the vast majority of people will not seek legal action as it's very expensive. They also know Ebay sides with businesses because of the revenue they generate from them.
I've been through the same situation with a dealer and he had to give me an advertise price. Ebay has nothing to do with this. If the car was listed on Autotrader.com or Cars.com for 60K and the buyer went to the dealer and the dealer wanted 69K, he would have to honor the 60K. The winning bid is the advertised price. Plain and Simple. The same would be true if the advertised price was in an auto magazine. The buyer is in a better position than I was in because he actually won the auction. Its good to see dude ain't no square and he's willing to push the envelope on this. There's a difference between sounding like a naive child and actually knowing the law and knowing how to pursue the law.

You ain't telling me nothing about dealing with corporations and their trickery. I've beaten them time and time again at their won game. Oh yeah...

Game..


Than you have gotten very lucky. If the corp. has deep pockets and is losing enough money from the deal than they will bank on the fact that you do nothave the means for a protracted legal battle. The law isn't as clear cut as people make it out to be.

May I ask how much the difference was between the advertised price and the dealership price when you got your car?

BTW, getting CC or Best Buy to honor a $50 or $100 price mistake is not beating corp.'s at their own game.
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Thats crazy they should honor the price. Better yet they aint even losing any money selling at 60K. Dealer probaly got the car for $55K optioned up. Dontbelieve that MSRP hype. They pay far less than that trust me. I bought and sold plenty of car for wholesale price for the exact price they pay for them. Thisis BS.
 
regardless of whether he will legally win the car or not...it's a matter of principal...we're not going to buy from dealerships (not the corporation)or other retailers who subversively try to trick the consumer without any consequence...

i'm actually hoping he finds a lawyer who has been played by the dealership who is willing to do this pro bono...
 
Originally Posted by wawaweewa

Originally Posted by RockStarGetMoney


In a perfect world you'd be correct but we don' live in one.
The dealership knows that the vast majority of people will not seek legal action as it's very expensive. They also know Ebay sides with businesses because of the revenue they generate from them.
I've been through the same situation with a dealer and he had to give me an advertise price. Ebay has nothing to do with this. If the car was listed on Autotrader.com or Cars.com for 60K and the buyer went to the dealer and the dealer wanted 69K, he would have to honor the 60K. The winning bid is the advertised price. Plain and Simple. The same would be true if the advertised price was in an auto magazine. The buyer is in a better position than I was in because he actually won the auction. Its good to see dude ain't no square and he's willing to push the envelope on this. There's a difference between sounding like a naive child and actually knowing the law and knowing how to pursue the law.

You ain't telling me nothing about dealing with corporations and their trickery. I've beaten them time and time again at their won game. Oh yeah...

Game..

Than you have gotten very lucky. If the corp. has deep pockets and is losing enough money from the deal than they will bank on the fact that you do not have the means for a protracted legal battle.

BTW, getting CC or Best Buy to honor a $50 or $100 price msitake is not beating corp.'s at their own game.
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Oh +#!#..you got me there....
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Come on now playboy...You talking to the kid who beat theUnited States Navy over a contract dispute without any legal counsel. F u talking bout?

But anyway, these companies and corporations don't want to deal with the $!%$*$@%. They bank on the fact you don't know the law. It's not aboutmoney. It's arrogance. If they feel they can get away with it, they'll try to pull one over. Most people won't pursue it, so the companies willpull one time and time again, doing what they like. Does ethics even exist anymore?
May I ask how much the difference was between the advertised price and the dealership price when you got your car?
It was 3 thousand. I didn't go through any legal battle. They pulled the same "it was a mistake" thing too. I hope homie gets hiscar because that's a great price.
 
Beautiful car but what an ugly interior. They need to take the L for the sale though, I don't know how much $ I've lost on ebay from being fair but itgoes a long way.
 
Originally Posted by RockStarGetMoney

Originally Posted by TW3EK

lol its an audtion site... the worst that could happen is that they get their account canceled... clowns... thats not false advertisement... u know how many people refuse to sell stuff on ebay all the time?

Stick to making beats.

In a perfect world you'd be correct but we don' live in one.
The dealership knows that the vast majority of people will not seek legal action as it's very expensive. They also know Ebay sides with businesses because of the revenue they generate from them.
I've been through the same situation with a dealer and he had to give me an advertise price. Ebay has nothing to do with this. If the car was listed on Autotrader.com or Cars.com for 60K and the buyer went to the dealer and the dealer wanted 69K, he would have to honor the 60K. The winning bid is the advertised price. Plain and Simple. The same would be true if the advertised price was in an auto magazine. The buyer is in a better position than I was in because he actually won the auction. Its good to see dude ain't no square and he's willing to push the envelope on this. There's a difference between sounding like a naive child and actually knowing the law and knowing how to pursue the law.

You ain't telling me nothing about dealing with corporations and their trickery. I've beaten them time and time again at their won game. Oh yeah...

Game..


uhh yea... thats all fine and dandy if theres a set price... %$%@ doesnt work for auctions... thats just how it is... trust me... im smarter than u and mybeats are dope...
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He has an argument. If he would have won it and been a dead beat bidder they would have done the same
 
Originally Posted by RockStarGetMoney

Originally Posted by wawaweewa

Originally Posted by RockStarGetMoney


In a perfect world you'd be correct but we don' live in one.
The dealership knows that the vast majority of people will not seek legal action as it's very expensive. They also know Ebay sides with businesses because of the revenue they generate from them.
I've been through the same situation with a dealer and he had to give me an advertise price. Ebay has nothing to do with this. If the car was listed on Autotrader.com or Cars.com for 60K and the buyer went to the dealer and the dealer wanted 69K, he would have to honor the 60K. The winning bid is the advertised price. Plain and Simple. The same would be true if the advertised price was in an auto magazine. The buyer is in a better position than I was in because he actually won the auction. Its good to see dude ain't no square and he's willing to push the envelope on this. There's a difference between sounding like a naive child and actually knowing the law and knowing how to pursue the law.

You ain't telling me nothing about dealing with corporations and their trickery. I've beaten them time and time again at their won game. Oh yeah...

Game..

Than you have gotten very lucky. If the corp. has deep pockets and is losing enough money from the deal than they will bank on the fact that you do not have the means for a protracted legal battle.

BTW, getting CC or Best Buy to honor a $50 or $100 price msitake is not beating corp.'s at their own game.
laugh.gif


roll.gif
roll.gif
roll.gif
roll.gif
roll.gif
Oh +#!#..you got me there....
laugh.gif
laugh.gif
..........................


indifferent.gif
Come on now playboy...You talking to the kid who beat the United States Navy over a contract dispute without any legal counsel. F u talking bout?

But anyway, these companies and corporations don't want to deal with the $!%$*$@%. They bank on the fact you don't know the law. It's not about money. It's arrogance. If they feel they can get away with it, they'll try to pull one over. Most people won't pursue it, so the companies will pull one time and time again, doing what they like. Does ethics even exist anymore?
May I ask how much the difference was between the advertised price and the dealership price when you got your car?
It was 3 thousand. I didn't go through any legal battle. They pulled the same "it was a mistake" thing too. I hope homie gets his car because that's a great price.

yes. They rely on you not knowing the law. But even if you do know the law, how will you try to enforce it?

In court through a licensed lawyer. I'll say it again, if the corp. is losing enough money from the deal they will take it to court. Yes, corp.'sare grimey at times and it would be cool if they can always be taken on but the fact of the matter is that most of the time whoever has the money wins.It's just a matter of whether it's worth it for the corp. to spend that money.

Furthermore, they care more about bad publicity than anyone knowing the law.
 
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