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      04-24-2012, 02:06 PM   #23
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Drives: E92 M3
Join Date: Jul 2008
Location: Tennessee

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Originally Posted by scrummie2 View Post
Certainly the bid process could create a legally binding contract. The problem is getting that enforced. Hiring an attorney, litigating this matter, and then enforcing any judgment takes money, which I could certainly see any potential savings on the cheap price won in the auction evaporate. The dealers know this - that these situations aren't likely to actually be litigated - so they just move on forward and assume problem people go away.
This. Unless there is some kind of clause in the agreement/terms of use I'm not familiar with, a winning bid does create a legally enforcable agreement to sell. The problem is enforcing that agreement. If the difference between the price you won at and "fair market" is $5k or so it will be really tough to get a lawyer to take the case and potentially go to trial for 35% of that. You'd be even worse off if you hired a lawyer by the hour, it is very possible your bill would exceed the damages.