View Full Version : Man buys no-reserve GTR on eBay, Dealer wont release car
Won ebay auction at 55.1K for GT-R, Honda of San Marcos - MY350Z.COM Forums (http://my350z.com/forum/the-lounge-off-topic/531951-won-ebay-auction-at-55-1k-for-gt-r-honda-of-san-marcos.html)
Closed Listing: Nissan : GT-R | eBay (http://cgi.ebay.com/ebaymotors/220823902975?ru=http%3A%2F%2Fmotors.shop.ebay.com% 3A80%2Fi.html%3F_from%3DR40%26_trksid%3Dp3841.m570 .l1313%26_nkw%3D220823902975%26_sacat%3D%26_fvi%3D 1&_rdc=1)
Dealer: https://www.facebook.com/HondaofSanMarcos
This is making rounds on the internet. Don't see what the big deal is for only $4K difference they're getting a lot of bad publicity. Also, since when did GTRs drop in price...
!Zar!
08-09-2011, 12:35 AM
That dude is dumb.
They don't HAVE to sell it to him for that price.
He's throwing a temper tantrum.
If something is too good to be true, chances are it is.
ronmcdon
08-09-2011, 12:50 AM
The dealer was listing it for 59, and his bid was 55.
(car is an 08 w/ 36k miles)
taking around 10% off isn't that huge of a discount.
(if the bid was 5k maybe I can understand).
There are better deals out there, so I wouldn't say it's too good to be true.
here's a newer '10 model w/ 28k selling for 50k reserve.
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&_trksid=p4340.m748&item=220824843289&viewitem=&_trkparms=clkid%3D1933444322325419211
The dealer is the one who screwed up.
they shouldn't offer something they couldn't honor.
BongateerZ32
08-09-2011, 12:54 AM
^^^^i believe they do?
ebay is an actual contract, and it sounds like theyre trying to breach their contract to me.
unless the biebster knows more about the law than i do somehow.
Actually, they do. It is a binding contract. A guy won an M3 same thing happened, he ended up getting the car in the end.
Won ebay auction at 60K for E90 M3, BMW of Lincoln refusing to honor - BMW M3 Forum (E90 E92) (http://www.m3post.com/forums/showthread.php?t=127993) (126pg thread! :eek3:)
Edit: hilarious messages being posted on their FB page
DJDANGER24
08-09-2011, 01:15 AM
Oh man, this dealership is going to get a bad reputation just from their Facebook page. And the OP is suing for Deceptive trade practice
If you're bored like me...blow it up
http://www.facebook.com/HondaofSanMarcos?sk=wall
http://www.facebook.com/toursanmarcos?sk=wall
DJDANGER24
08-09-2011, 01:19 AM
haha found this on their facebook page
http://a8.sphotos.ak.fbcdn.net/hphotos-ak-snc6/229668_10150342546484104_532864103_9801006_1022642 _n.jpg
Karlitos
08-09-2011, 01:22 AM
Also, since when did GTRs drop in price...
THIS.... 59k for a GTR??? what?! maybe salvage? Or void warranty from Launch control since its 09.... But their FB page is getting blown up... Cant wait for tomorrow's news feed hahaha
K_style
08-09-2011, 01:26 AM
haha found this on their facebook page
http://a8.sphotos.ak.fbcdn.net/hphotos-ak-snc6/229668_10150342546484104_532864103_9801006_1022642 _n.jpg
HAHA Priceless..
I looked around autotrader......59k actually seems the going rate for an 09 GT-R. Surprised me too.
I hope he wins just cuz of this.
if I do win my plate will probably say "no rsrv"
Hahahahaha Classic I hope the buyer wins .....
http://img196.imageshack.us/img196/4271/55130514.jpg (http://imageshack.us/photo/my-images/196/55130514.jpg/)
DJDANGER24
08-09-2011, 01:47 AM
http://a8.sphotos.ak.fbcdn.net/hphotos-ak-snc6/229664_107328462700394_100002697219381_32300_22335 21_n.jpg
Matej
08-09-2011, 01:48 AM
This does not reflect well upon the dealer's reputation, but at the same time they are not obliged to sell anything if they decided they do not want to. I am guessing one of the main reasons they backed out is because the buyer is in Alaska and they do not want to deal with the transportation if they were to arrange it. Perhaps the auction had (or did not have but was meant to) one of those 'mainland 48 states buyers only' disclaimers on it.
DJDANGER24
08-09-2011, 02:14 AM
I wonder who's email the page is linked to. When they check it this morning, they will be in for a nice surprise.
5,123,264 notifications lmao
travisty_
08-09-2011, 02:23 AM
This does not reflect well upon the dealer's reputation, but at the same time they are not obliged to sell anything if they decided they do not want to. I am guessing one of the main reasons they backed out is because the buyer is in Alaska and they do not want to deal with the transportation if they were to arrange it. Perhaps the auction had (or did not have but was meant to) one of those 'mainland 48 states buyers only' disclaimers on it.
The dealership didn't list the auction with a reserve, that also may be why they are being shady and backed out.
Someone's getting fired.
Tantwoforty
08-09-2011, 02:24 AM
If you're bored like me...blow it up
Honda of San Marcos - Automotive - San Marcos, TX - Wall | Facebook (http://www.facebook.com/HondaofSanMarcos?sk=wall)
San Marcos, Texas - Wall | Facebook (http://www.facebook.com/toursanmarcos?sk=wall)
Did it on my girlfriends facebook by accident.. GTR justice!
DJDANGER24
08-09-2011, 02:42 AM
Did it on my girlfriends facebook by accident.. GTR justice!
they are putting up some funny shit
TheWolf
08-09-2011, 05:16 AM
Yep Legal binding bid. doesn't matter if they had a reserve at one point but they lifted it or the reserve was met. Technically they gotta sell him the car..
The funny thing is someone bought it for a year and a half and put 30k + on it in california.. then moved to texas.. only put 1200 miles on it in 6 months.. and then traded it in at a honda dealership..
I bet it's the personal car of the dealership's sales guy.. Just can't see what someone would trade a GTR into a honda dealership for..
!Zar!
08-09-2011, 10:43 AM
And if they don't sell it to him what is the worst that could happen?
They get one negative trader rating mark? lol
amdnivram
08-09-2011, 10:58 AM
jack shit will happen if they dont sell it,
"Bidding is meant to be fun, but remember that each bid you place enters you into a binding contract. The only bids that are non-binding (http://pages.ebay.com/help/policies/non-binding-bid.html) are those placed in the Real Estate category and for vehicles on eBay Motors. All bids are active until the listing ends. If you win an item, you're obligated to purchase it. "
the fact that bids are binding are only used to protect the seller not the buyer, they dont do anything to the seller for refusing to sell an item, but they do charge the buyer with an unpaid item.
Corbic
08-09-2011, 11:35 AM
jack shit will happen if they dont sell it,
This. Buyer will leave negative feed back, oh noes.
This isn't the first, nor will it be the last time a dealer refuses to sell a car on eBay.
I mean really, all this fuss over a small price difference. On reddit now.
Dealership backs out of eBay deal, screws guy out of 2009 Nissan GT-R : reddit.com (http://www.reddit.com/r/reddit.com/comments/jd39q/dealership_backs_out_of_ebay_deal_screws_guy_out/)
LimeLite Racing
08-09-2011, 12:22 PM
Jackshit won't happen? On ebay, maybe. All the publicity alone is going to fuck over San Marcos Honda though.
DJDANGER24
08-09-2011, 01:04 PM
I mean really, all this fuss over a small price difference. On reddit now.
Dealership backs out of eBay deal, screws guy out of 2009 Nissan GT-R : reddit.com (http://www.reddit.com/r/reddit.com/comments/jd39q/dealership_backs_out_of_ebay_deal_screws_guy_out/)
That's the point, the dealer wouldn't hand it over for ~$4k. So they lost $4k right? Not anymore, they were getting bombarded with negative feedback everywhere... Their YouTube page, Facebook recommendations, their phones are getting rung off the hook. I bet they are regretting it now.
dat411kid
08-09-2011, 01:14 PM
http://cache.gawkerassets.com/assets/images/12/2011/08/nissan_gt-r_screwed.jpg
lol, Im pretty sure he is going to wind up coming out ontop....The power of the internet is too powerful...
driftsilvias13
08-09-2011, 01:26 PM
What a stupid move for the dealership. All this bad publicity over $4-$5k.
HyperTek
08-09-2011, 01:33 PM
you guys forget ebay is a legit contract... If it wasnt , then the guy would have dropped the case and moved on.. But everyone knows ebay is a legit contract, hence why people are rooting for this guy.
HyperTek
08-09-2011, 01:36 PM
looks like honda of san marcos took their facebook down
evomike
08-09-2011, 02:00 PM
jack shit will happen if they dont sell it,
"Bidding is meant to be fun, but remember that each bid you place enters you into a binding contract. The only bids that are non-binding (http://pages.ebay.com/help/policies/non-binding-bid.html) are those placed in the Real Estate category and for vehicles on eBay Motors. All bids are active until the listing ends. If you win an item, you're obligated to purchase it. "
the fact that bids are binding are only used to protect the seller not the buyer, they dont do anything to the seller for refusing to sell an item, but they do charge the buyer with an unpaid item.
Except that it states reasons you are not allowed to deny selling an item.
Bidding without the intent of completing the purchase
Retracting a bid on an item that doesn't fall into a non-binding bid category
Backing out of the transaction due to buyer or seller remorse
Backing out of the transaction because buyers didn't place a high enough bid and the seller didn't add a reserve price
Stating in the listing that bidding could result in a binding obligation to complete the purchase
DJDANGER24
08-09-2011, 02:08 PM
It's on Jalopnik
Dealer refuses to honor Nissan GT-R eBay auction (http://jalopnik.com/5829166/)
Except that it states reasons you are not allowed to deny selling an item.
Bidding without the intent of completing the purchase
Retracting a bid on an item that doesn't fall into a non-binding bid category
Backing out of the transaction due to buyer or seller remorse
Backing out of the transaction because buyers didn't place a high enough bid and the seller didn't add a reserve price
Stating in the listing that bidding could result in a binding obligation to complete the purchase
That doesn't make it illegal, it just makes it a dick move by the seller. The bidder still has no legal right to the GT-R. As a business they now have to weigh the monetary loss vs. the PR hit they are gonna take. Most of the bidders win only because the difference isn't worth the trouble. I guarantee if the guy won the GT-R with say a 10k bid he wouldn't be getting shit. 4k difference....they might work something out.
Personally I don't think any bids on ebay should be legally binding. Ebay barely does anything to protect either the seller nor the buyer so why should they be offered any of the legal protections of a real auction. God I hate ebay.
evomike
08-09-2011, 02:18 PM
You realize he will win especially since multiple parties have won the exact same case in the past.
Like I said, it's only because of the cost of going to trial, PR, etc. isn't worth the hassle. If any of the sellers took it all the way to trial they'd most likely win.
evomike
08-09-2011, 02:32 PM
They would most likely win they did win a BMW m3 and a challenger srt8 for a good amount below sticker.
............I feel like I'm repeating myself.
Do you not understand the distinction between the bidder getting the car and the bidder winning a case in a court of law?
evomike
08-09-2011, 02:42 PM
They took it to court and won
Jesus, no they didn't. There was never a trial, there was never a legal ruling. Every case was settled out of court.
amdnivram
08-09-2011, 02:52 PM
you do realize that settling is not winning the case, and like you stated vehicle auctions are not binding bids so there is no case. So its completely up to the dealership to say fuck off and good bye. I mean with the bad publicity they already got, why even bother? I doubt giving in will remove all the threads and etc. For all the time/money the op is going to waste in court, he might as well just pay the asking price or find a similar price on near him.
Highway Riding
08-09-2011, 03:18 PM
Stealerships suck!
tricky_ab
08-09-2011, 03:45 PM
The internet is serious business! People seem to forget that. Though, it might not make a strong case for this guy. I would have kept in on the down low, and see if I could settle it before blowing it up on the net...
word sux
08-09-2011, 04:40 PM
they made a contract with ebay
i think you are all forgetting how BIG ebay is... one little dealership does not stand a chance against ebay and I doubt ebay is going to sit by and be made to look bad.
!Zar!
08-09-2011, 05:51 PM
Everyone keeps crying about bad publicity.
I would have never heard about this menial ass issue if it wasn't for the OP.
How is this any different from any other case of someone not getting what they wanted to buy?
The dealership never ACCEPTED the money from him either.
HyperTek
08-09-2011, 05:54 PM
UPDATE! After our post elicited a flurry of stories throughout the automotive universe thanks to our readers tipping off every forum in the known universe, Honda of San Marcos relented to the pressure and has agreed to honor the initial eBay sale. All is well that ends well... we hope. We've put in a call to Xou Vang for a comment and should hear back from him shortly.
Dealer refuses to honor Nissan GT-R eBay auction (UPDATE!) (http://jalopnik.com/5829166/)
s13 @ fullboost
08-09-2011, 06:02 PM
So awesome I <3 the internet
SimpleS14
08-09-2011, 06:13 PM
That's good. I hope the car isn't thrashed or liced with something nasty before he gets it. lol
tqstarburst
08-09-2011, 06:14 PM
Seems like they lost their Godzilla.
http://wot.motortrend.com/gt-r-for-55100-dealer-latest-to-refuse-to-honor-ebay-auction-105645.html#ixzz1UZqUA1bj
silverarrow27
08-09-2011, 07:54 PM
Nice, that means I should be able to afford to buy one soon comfortably.
tricky_ab
08-09-2011, 07:57 PM
This guy lives in Alaska? If so good for him, he will be able to drive this 3 months out of the year.
silviaguy240
08-09-2011, 08:13 PM
Yep Legal binding bid. doesn't matter if they had a reserve at one point but they lifted it or the reserve was met. Technically they gotta sell him the car..
The funny thing is someone bought it for a year and a half and put 30k + on it in california.. then moved to texas.. only put 1200 miles on it in 6 months.. and then traded it in at a honda dealership..
I bet it's the personal car of the dealership's sales guy.. Just can't see what someone would trade a GTR into a honda dealership for..
two cars...or they possibly bought it at an auction for a good price. they probably gave whoever 45-50k if it was traded in, so say someone wanted a loaded pilot and like an accord or civic for their wife, thats well over 45-50k.
jesse_s13
08-09-2011, 08:43 PM
I just posted on there fb
UPDATE! After our post elicited a flurry of stories throughout the automotive universe thanks to our readers tipping off every forum in the known universe, Honda of San Marcos relented to the pressure and has agreed to honor the initial eBay sale. All is well that ends well... we hope. We've put in a call to Xou Vang for a comment and should hear back from him shortly.
Dealer refuses to honor Nissan GT-R eBay auction (UPDATE!) (http://jalopnik.com/5829166/)
http://s3.amazonaws.com/kym-assets/entries/icons/original/000/000/745/success_baby.jpg?1251168425
word sux
08-09-2011, 09:21 PM
like i said not a surprise at all
if ebay got involved it would have been alot worse for them...
Sideways570sx
08-09-2011, 09:35 PM
i wanna come up on a GTR! haha
ronmcdon
08-10-2011, 12:01 AM
if the publicity is bad enough that you have to close your Facebook account then that shows there's damage enough.
Hope this is coming out of that asshole randy's paycheck
(internet sales manager who was likely responsible for it all).
Corbic
08-10-2011, 04:13 AM
Everyone keeps crying about bad publicity.
I would have never heard about this menial ass issue if it wasn't for the OP.
How is this any different from any other case of someone not getting what they wanted to buy?
The dealership never ACCEPTED the money from him either.
Exactly, Joe-schmuck buying an Accord never heard of this and could careless.
Corbic
08-10-2011, 04:20 AM
like i said not a surprise at all
if ebay got involved it would have been alot worse for them...
How?! Did you read anything? Bays own policy is that in real-estate and automotive auctions the seller has no obligation to sell.
ronmcdon
08-10-2011, 04:31 AM
Are there any LEGAL liabilities for the dealer in this instance?
If the seller has no obligation to sell it might seem that no legal contracts were broken.
(even if it were, I don't see it going past small claims court)
DenkiMan!
08-10-2011, 07:03 AM
yea i didnt realize gtr's got so cheap lol, found this craigslist posting for a rhd gtr for 59k...say whaaaa
2007 NISSAN SKYLINE GTR (http://washingtondc.craigslist.org/doc/cto/2529236140.html)
onehundredoctane
08-10-2011, 07:47 AM
EBAY are serious bidness.
tricky_ab
08-10-2011, 08:42 AM
yea i didnt realize gtr's got so cheap lol, found this craigslist posting for a rhd gtr for 59k...say whaaaa
2007 NISSAN SKYLINE GTR (http://washingtondc.craigslist.org/doc/cto/2529236140.html)
The pricing is looking good to me. Though modding it would cost a mint. It's almost at a comfortable price range...
VROOOM
08-10-2011, 09:00 AM
when i got my Evo dyno tuned a GTR was going after my car was done. with full exhaust, intake and a dyno tune on an accessport it put down 560whp. pretty impressive.
TheWolf
08-10-2011, 09:25 AM
two cars...or they possibly bought it at an auction for a good price. they probably gave whoever 45-50k if it was traded in, so say someone wanted a loaded pilot and like an accord or civic for their wife, thats well over 45-50k.
Buying it at an auction would have shown up on the little car fax thing as another "owner". As for a trade, I could see if he traded it in on an acura but it would have been on the acura used lot. Random dude shows up and wants to trade a GTR in for two cars? Maybe he's got a kid on the way. Yeah thats it.
I checked ebay and confirm with what someone said earlier. They've changed the wording so cars and real-estate are now NON BINDING bids. Technically the dealership was in their right. Still a crappy deal. Glad it worked out.
axiomatik
08-10-2011, 11:22 AM
yea i didnt realize gtr's got so cheap lol, found this craigslist posting for a rhd gtr for 59k...say whaaaa
2007 NISSAN SKYLINE GTR (http://washingtondc.craigslist.org/doc/cto/2529236140.html)
The car is 4 years old. What do you expect it to cost? Look at the prices for used Mercedes SL AMG's. Similar pricing or even much cheaper, and they cost even more than the GT-R when new.
ronmcdon
08-10-2011, 12:08 PM
Ugh, it's never going to be too cheap.
demand & supply, they never built that much
1,500 was the first year's allotment in the US.
I like the gtr but could never see myself buying a used one.
once one of those trannies are gone, you're pretty much fucked.
silviaguy240
08-10-2011, 12:34 PM
yea i didnt realize gtr's got so cheap lol, found this craigslist posting for a rhd gtr for 59k...say whaaaa
2007 NISSAN SKYLINE GTR (http://washingtondc.craigslist.org/doc/cto/2529236140.html)
this thing has been around for a while, brought in through a local shop way back when before US spec ones went on sale. i believe its the same guy but he has a white one too that is some special trim level that we didnt get here in the states.
which is this exact car in this picture
http://cache.jalopnik.com/assets/resources/2008/03/NissanGTR_NSX.jpg
nevertheless
08-10-2011, 02:01 PM
I like the gtr but could never see myself buying a used one.
once one of those trannies are gone, you're pretty much fucked.
Sr20, duh.
tricky_ab
08-10-2011, 02:35 PM
I like the gtr but could never see myself buying a used one.
once one of those trannies are gone, you're pretty much fucked.
The maintenance on Skylines in general are high. You have to be prepared and have the money for when things go south.
Cheesy Doriftos
08-10-2011, 03:32 PM
I like the gtr but could never see myself buying a used one.
once one of those trannies are gone, you're pretty much fucked.
aftermarket companies have made more durable gear sets for the gt-r if you mess up the tranny
tricky_ab
08-10-2011, 05:24 PM
Do they even have Nissan techs in Alaska who know what the heck to do with a GTR?!
I wonder where he's going to do the maintenance...
Oh and I believe he's going to drive it from Texas to Alaska...
rb25_s13*CHUKI
08-10-2011, 05:35 PM
LOL at everyone who was saying it wasn't going to happen and they didn't have to do it. Suckers
Daniel.
08-10-2011, 05:49 PM
LOL at everyone who was saying it wasn't going to happen and they didn't have to do it. Suckers
They did it, but they didn't HAVE to.
ronmcdon
08-10-2011, 07:44 PM
it's doubtful that they chose to do so out of the kindness of their hearts.
SimpleS14
08-10-2011, 08:18 PM
Driving from Texas to Alaska should be fun in a GT-R...right?
Are there any LEGAL liabilities for the dealer in this instance?
If the seller has no obligation to sell it might seem that no legal contracts were broken.
(even if it were, I don't see it going past small claims court)
It would have been if the dealership accepted the money, but never delivered the car. That was not the case over here.
slowvia
08-11-2011, 12:42 AM
jack shit will happen if they dont sell it
Yeah youre totally right, I buy about 5 new cars on auction sites a week on average and then never pay for them because I dont agree with the price I agreed to. :hey:
Matej
08-11-2011, 12:48 AM
Alaska is really nice actually.
And it has great roads.
The GT-R is still as ugly as ever.
REALIZE.
08-11-2011, 04:10 AM
they did it, but they didn't have to.
exactly !!!!!!!
DenkiMan!
08-11-2011, 09:46 AM
The car is 4 years old. What do you expect it to cost? Look at the prices for used Mercedes SL AMG's. Similar pricing or even much cheaper, and they cost even more than the GT-R when new.
idk i mean be that as it may, he is claiming it to be fully certified right hand drive so no i guess no registration problems if there would be any....and only 18k km - lol which is just over 11k miles, which is very low
this thing has been around for a while, brought in through a local shop way back when before US spec ones went on sale. i believe its the same guy but he has a white one too that is some special trim level that we didnt get here in the states.
which is this exact car in this picture
http://cache.jalopnik.com/assets/resources/2008/03/NissanGTR_NSX.jpg
could it be the Spec-V? although i thought those only came in the special midnight purple.
i saw one in a nissan show room in Ginza when i went to Japan in '08
tricky_ab
08-11-2011, 03:15 PM
Driving from Texas to Alaska should be fun in a GT-R...right?
I can see the trip ending well...
sw20>>s14
08-11-2011, 03:22 PM
They did it, but they didn't HAVE to.
exactly !!!!!!!
actually, they did...vang hired an attorney (a fellow 350z members father) and they were stickin it to the dealership...while the dealership may sound noble and righteous on various blogs/articles, they were fighting (and still are) tooth and nail...
Daniel.
08-11-2011, 03:44 PM
actually, they did...vang hired an attorney (a fellow 350z members father) and they were stickin it to the dealership...while the dealership may sound noble and righteous on various blogs/articles, they were fighting (and still are) tooth and nail...
The distinction is that they have yet to be legally compelled to sell him the car at the auction price. Until that time, they don't have to DO anything.
Even though there's legal representation involved on both sides, I haven't read anything that indicated that there's been anything filed yet. (Correct me if I'm wrong.)
I'm not defending the car dealership in any way. I just want the facts to be clear.
On that note, the dealership is obviously giving in to the gentlemen to "cover their ass".
Carry on.
silviaguy240
08-11-2011, 04:15 PM
idk i mean be that as it may, he is claiming it to be fully certified right hand drive so no i guess no registration problems if there would be any....and only 18k km - lol which is just over 11k miles, which is very low
could it be the Spec-V? although i thought those only came in the special midnight purple.
i saw one in a nissan show room in Ginza when i went to Japan in '08
nah, its just some color package/trim level we didnt get here. i cant remember exactly what the difference was.
!Zar!
08-12-2011, 02:11 AM
The dealership never received a dime from the prospective Ebay buyer.
The dealership is able to deny any offer they want, up until they receive some form of payment and it is signed.
You can't FORCE someone to sell something of theirs, even when they say they will.
You actually can on normal items. Some guy put an airplane on ebay and the winning bid was like 70k less than the going rate. It went to court and in the end he had to sell the plane for the price of the winning bid. I think this was in the UK IIRC so I don't know if that makes any difference.
This situation is a little different because autos and real estate are specifically non-binding.
drift freaq
08-12-2011, 12:38 PM
The moral of this story is do not put something on ebay without setting reserve you are willing to accept.
No reserve auctions are ebay's way of saying screw yourself for the sake of Ebay and the buyer. LOL
vBulletin® v3.8.11, Copyright ©2000-2021, vBulletin Solutions Inc.