Won ebay auction at 60K for E90 M3, BMW of Lincoln refusing to honor

[sk33ny]

http://www.m3post.com/forums/showthread.php?t=127993


Update:
AutoBlog post that summarises the whole story. - http://www.autoblog.com/2008/03/23/bmw-dealer-auctions-new-m3-for-60k-on-ebay-doesnt-want-to-hon/

Original eBay auction. - http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&_trkparms=tab%3DWatching&viewitem=&item=230233277471&_trksid=p3907.m32 (http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&_trkparms=tab%3DWatching&viewitem=&item=230233277471&_trksid=p3907.m32)

[g6civcx]

WE RESERVE THE RIGHT TO CANCEL ANY BIDS AT ANY TIME FOR ANY REASON.

Hard to say if a judge would go with one over the other.

[Mi Beardo es Loco]

I read the first page and it sounded like he actually won the item, it wasn't canceled. Either way though, he got screwed. If the dealer actually sold the car to someone else, it's worth pressing a pretty severe lawsuit over because "he had his heart set on that car" and it was double sold.

[sillyvia13]

whoa...that dealership is screwed...the whole world hates them..lol..
I am glad I am not in those shoes. Fhewww

[s13playa]

yea thats messed up. they should get sued just for trying to be shady and selling the car twice pretty much.

[Daniel.]

I just finished reading the thread on M3post all 129073509723 pages.

Cliff's notes:

Guy wins auction for M3 at 60k on ebay for no reserve.

Dealership refuses to honor the deal.

Buyer rants on M3post.com

It escalates onto Autoblog.

The internet community is aflame with support for the buyer.

After much ado, the dealership realizes that they are fucked, and decide to honor the deal after all.

[SlideWell]

i would go poop on the managers car.

[sillyvia13]

I just finished reading the thread on M3post all 129073509723 pages.

Cliff's notes:

Guy wins auction for M3 at 60k on ebay for no reserve.

Dealership refuses to honor the deal.

Buyer rants on M3post.com

It escalates onto Autoblog.

The internet community is aflame with support for the buyer.

After much ado, the dealership realizes that they are fucked, and decide to honor the deal after all.

THEY DID HONOR IT!>
I READ THE 2 million pages in 1 day too! well only dooma350's and mosseman's lol....

good stuff...
world teams up on FIL~

[eastcoastS14]

can I just say GOOOOD DAAAAAAAAMN I want an 08 M3 in aspen white with red interior ugggggh sooo sexy!!

[sk33ny]

Sorry for not updating this thread, but the dealership ended up honoring his price!

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

[allntrlundrgrnd]

can I just say GOOOOD DAAAAAAAAMN I want an 08 M3 in aspen white with red interior ugggggh sooo sexy!!


dude i feel the same way, white cars w/ red interior make my pants tight

[OptionZero]

Type-R appeal^ ?

Why would you buy a car on ebay anyways?
I'm sure there's state contract law that would affect the outcome, but since this is the internet and sales can be conducted across state lines, the feds kick in...

I don't feel like looking it up, but I remember a similar story about a Mitsubishi dealership and an EVO 8 when it first came out. I also recall ebay's "must complete transaction" rule not applying to ebay motors transactions...but they might have changed it by now.

I wouldn't feel really sorry for the guy unless they took money from him.


The dealer was stupid for trying to derive the benefits of ebay advertising and marketplace of buyers without being subject to the risks of "no-reserve"...but by the same token, the buyer is trying to get a good deal as well.

[eastcoastS14]

hmmmm for 70k M3 vs GTR would be a tough choice....same price range.....but god paddle shifters are gay

[g6civcx]

Why would you buy a car on ebay anyways?

Why not?


I'm sure there's state contract law that would affect the outcome, but since this is the internet and sales can be conducted across state lines, the feds kick in...

Just because a transaction is Internet-based doesn't mean the feds have jurisdiction.

I don't feel like looking it up, but I remember a similar story about a Mitsubishi dealership and an EVO 8 when it first came out. I also recall ebay's "must complete transaction" rule not applying to ebay motors transactions...but they might have changed it by now.

The only remedy ebay has is to ban the seller. That's it. Ebay has no other remedy.

I wouldn't feel really sorry for the guy unless they took money from him.

Why not? He honored his end of the contract. Do you believe the seller omitted a reserver price and set the starting price by accident?


The dealer was stupid for trying to derive the benefits of ebay advertising and marketplace of buyers without being subject to the risks of "no-reserve"...but by the same token, the buyer is trying to get a good deal as well.

Isn't the purpose of ebay to sell goods at any bid price? If you don't want to sell too low then set a reserve or a starting bid.

[OptionZero]

1. Wouldn't you want to see the car in person before buying it?

2. I don't feel sorry for him because he's attempting to become a BMW driver =P

3. As I said, it is shady for the dealer to try to get the benefits of ebay without the penalty of no reserve, but to me, ebay is for buying trinkets and toys, not huge, 5 digit price tag items b/c of th e possibility of shit like this happening

[Xandy Boosts]

1. Wouldn't you want to see the car in person before buying it?

2. I don't feel sorry for him because he's attempting to become a BMW driver =P



1. I test drive and sample new cars with the options I want at any dealer. I then take that and go home and find the best deal possible with the same options. Since it's a new car, I can assume that all cars at different dealers are the same if they have all the same options, etc.

2. Werd, BMW drivers are weird. :D

[ryguy]

Holy Fuck...... eyes hurt.... read every post...... need a life... or sleep

it was like a tv show or something. Cool that he got the car though.

[0100]

but I remember a similar story about a Mitsubishi dealership and an EVO 8 when it first came out.

Haha that is the first thing I thought of before I even opened this thread.

[g6civcx]

Okay, I'm sick of all the dumbass kids who have never been to court before and talk like they know everything.

Ebay is a contract vehicle. That's it. When you bid and win an auction the buyer and seller enter into a contract. The contract has to abide with federal, state, and local laws. The contract also has to abide with ebay rules.

Outside of that, buyers are free to set the terms of the contract and sellers are free not to bid if they don't like the terms of the contract.


This case is a simple contract dispute. The buyer had an out but he did not know the law enough to use it. The seller did everything he was supposed to do so I would not fault him one bit, other than the fact that he was talking smack on the Internet which could = libel and slander. So both parties did something stupid.


If you sell an item with no reserve and a low bid price, it's your fault. If you bid without reading the description, it's your fault.


Everyone who has never set foot into a courtroom other than to receive a traffic ticket need to STFU and stop acting like you even know what you're talking about.

[ByeByeSti]

god damn, this made quite a big deal around the forums i see shits crazy

[Farzam]

I'd choke a bitch

"I WANT MY M3!"

[OptionZero]

Okay, I'm sick of all the dumbass kids who have never been to court before and talk like they know everything.

Ebay is a contract vehicle. That's it. When you bid and win an auction the buyer and seller enter into a contract. The contract has to abide with federal, state, and local laws. The contract also has to abide with ebay rules.

Outside of that, buyers are free to set the terms of the contract and sellers are free not to bid if they don't like the terms of the contract.


This case is a simple contract dispute. The buyer had an out but he did not know the law enough to use it. The seller did everything he was supposed to do so I would not fault him one bit, other than the fact that he was talking smack on the Internet which could = libel and slander. So both parties did something stupid.


If you sell an item with no reserve and a low bid price, it's your fault. If you bid without reading the description, it's your fault.


Everyone who has never set foot into a courtroom other than to receive a traffic ticket need to STFU and stop acting like you even know what you're talking about.

did u accidentally switch "buyer" and "seller" or am i totally confused

[an_orange_s2k]

good to hear they honored the deal...they were being hated on from everywhere