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      03-22-2008, 06:49 PM   #66
viobruin
Private First Class
United_States
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Drives: 2007 e92 335i
Join Date: Nov 2006
Location: Los Angeles, CA

iTrader: (0)

If you decide to file suit, you might not be limited to filing your action in Nebraska. A colorable argument could be made that by posting the eBay ad, the dealership has personally availed itself to personal jurisdiction in California. This could be a strong bargaining point for you since if you are allowed to file suit in California, the dealership would be forced to hire California attorneys (at California rates) and defend itself in California. Also, California Business Code section 17200, et seq. may allow you to recover attorneys' fees and other damages if you can prove that the dealership engaged in fraudulent and/or unfair business practices. Good luck.
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2007 E92 335i | Space Grey | OEM Aero Lip | OEM Aero Bumper | M3 Spoiler | M-Tech Sideskirts | Painted Reflectors