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      04-24-2012, 01:06 PM   #23
Porschefile
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Quote:
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.
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      04-24-2012, 01:13 PM   #24
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How much did you win the auction for? Just curious ha
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      04-24-2012, 01:42 PM   #25
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Quote:
Originally Posted by Porschefile View Post
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.
Unless the law entitles one to attorneys fees (which a google search suggests it does so long as the party bringing the action recovers some damages).
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Last edited by Kobaiyashi; 04-24-2012 at 10:58 PM. Reason: typo
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      04-24-2012, 01:48 PM   #26
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$33,700-
2008 M3 w/ 26k mi, 6MT, Cold weather and premium packages along with some Dinan upgrades. One owner, no reported accidents.
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      04-24-2012, 04:33 PM   #27
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Quote:
Originally Posted by budmanv24 View Post
$33,700-
2008 M3 w/ 26k mi, 6MT, Cold weather and premium packages along with some Dinan upgrades. One owner, no reported accidents.
That's a good deal. Do everything in your power to make them go through with the deal. Get your story to the blogs and media, spread it to all of the forums, etc.
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      04-24-2012, 08:02 PM   #28
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sue the dealer if possible
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      04-24-2012, 08:30 PM   #29
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Post a link to the won auction.

What dealer in Houston?

Nxcess? Expo?
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      04-24-2012, 08:38 PM   #30
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yes which dealer????
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      04-24-2012, 09:13 PM   #31
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So someone can bid on a car and if they don't want it they can back out?
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      04-25-2012, 12:26 PM   #32
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Quote:
Originally Posted by cjrivera View Post
This guy is having the same problem...

http://forum.e46fanatics.com/showthread.php?t=916705
The guy on e46fanatics got it to jalopnik.com and things are starting to happen.
You may want to take it to some of the auto blogs.

http://jalopnik.com/5904108/after-de...nik-intervenes
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      04-25-2012, 12:40 PM   #33
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Quote:
Originally Posted by cjrivera View Post
The guy on e46fanatics got it to jalopnik.com and things are starting to happen.
You may want to take it to some of the auto blogs.

http://jalopnik.com/5904108/after-de...nik-intervenes
Darn, you beat me to it. I came here just now to post that. lol
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      04-25-2012, 01:52 PM   #34
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link to car
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      04-25-2012, 07:54 PM   #35
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Quote:
Originally Posted by jateshk View Post
link to car
Dude, srsly? Not that hard to check and see which M3 sold for $33,700 yesterday....


http://cgi.ebay.com/ebaymotors/2008-...item4ab66142cd

Seller: send your certified check for $1500 via FedEx, and get it there w/in that 3 day time period. You need to make sure they can't say you didn't live up to the auction stipulations. Making the deposit will help your case when this gets legal.

Start emailing so you can have a *record* of the conversation, so it won't be a he said/she said.

And contact a news station in HOUSTON to take up this story. Unless you're in H-town, your local media won't really further your cause.

Everyone else, here's the dealers contact information:

Autodynamics
5723 Star Lane
Houston , Texas 77057

Contact Sanjay Varma
Phone: 713-952-7900

Contact Afsheen Bhamani
Phone: 713-952-7900

WWW.ADSCARS.COM

The auction says, "We are eager to provide you with exceptional customer service while helping you find the car of your dreams." Yeah, we're going to help you live up to that, guys

Last edited by whats77inaname; 04-25-2012 at 08:03 PM.
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      04-25-2012, 08:02 PM   #36
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Quote:
Originally Posted by budmanv24 View Post
Thanks for all of the advice so far. I called eBay customer support tonight and was told "All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding." So I guess the lesson learned here is that there is no reason to pay the extra fee for a reserve since you don't have to sell your car at the end of the auction if you don't feel like it.
this is complete crap on the part of eBay. what the hell are non-binding bids?! their whole site, business model, and company is a complete joke then if they are doing auctions that are not really auctions.

utter stupidity
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      04-25-2012, 08:32 PM   #37
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For $33k, I'd go through all the trouble too, to get the car.
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      04-25-2012, 09:23 PM   #38
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Quote:
Originally Posted by whats77inaname View Post
Dude, srsly? Not that hard to check and see which M3 sold for $33,700 yesterday....


http://cgi.ebay.com/ebaymotors/2008-...item4ab66142cd

Seller: send your certified check for $1500 via FedEx, and get it there w/in that 3 day time period. You need to make sure they can't say you didn't live up to the auction stipulations. Making the deposit will help your case when this gets legal.

Start emailing so you can have a *record* of the conversation, so it won't be a he said/she said.

And contact a news station in HOUSTON to take up this story. Unless you're in H-town, your local media won't really further your cause.

Everyone else, here's the dealers contact information:

Autodynamics
5723 Star Lane
Houston , Texas 77057

Contact Sanjay Varma
Phone: 713-952-7900

Contact Afsheen Bhamani
Phone: 713-952-7900

WWW.ADSCARS.COM

The auction says, "We are eager to provide you with exceptional customer service while helping you find the car of your dreams." Yeah, we're going to help you live up to that, guys
Well, I was going to give the dealer a second chance to take care of this civilly before flaming them, but I guess that has already begun, lol.
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      04-25-2012, 09:51 PM   #39
budmanv24
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Quote:
Originally Posted by cjrivera View Post
The guy on e46fanatics got it to jalopnik.com and things are starting to happen.
You may want to take it to some of the auto blogs.

http://jalopnik.com/5904108/after-de...nik-intervenes
In all honesty, his story is a little more heart-wrenching than mine. I'm not buying the car as a present for my mom or anything. I'm selfish, the car is for me.

On another note, I sent an ebay message to the seller, so we'll have to see what he says in response.
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      04-25-2012, 10:20 PM   #40
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Quote:
Originally Posted by budmanv24 View Post
In all honesty, his story is a little more heart-wrenching than mine. I'm not buying the car as a present for my mom or anything. I'm selfish, the car is for me.

On another note, I sent an ebay message to the seller, so we'll have to see what he says in response.
It's a business transaction that was not completed by the seller.
It shouldn't have to be a tear jerker.
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      04-25-2012, 10:41 PM   #41
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http://pages.ebay.com/help/policies/...nding-bid.html

"Why does eBay have this policy?
In most cases, a bid on eBay is a legally binding contract between the buyer and the seller. Due to state laws and the complexities of real estate and vehicle transactions, bids in those categories are non-binding."
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      04-25-2012, 11:07 PM   #42
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Quote:
Originally Posted by Kobaiyashi View Post
http://pages.ebay.com/help/policies/...nding-bid.html

"Why does eBay have this policy?
In most cases, a bid on eBay is a legally binding contract between the buyer and the seller. Due to state laws and the complexities of real estate and vehicle transactions, bids in those categories are non-binding."
So maybe the OP should overbid exorbitantly on all the cars that this particular dealer is selling on ebay, and then refuse to pay on the grounds of this policy...
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      04-26-2012, 01:27 AM   #43
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Quote:
Originally Posted by budmanv24 View Post
Well, I was going to give the dealer a second chance to take care of this civilly before flaming them, but I guess that has already begun, lol.
Sorry, but you have to strike while the iron is hot. I know everyone remembers these, as one was already mentioned:

http://search.yahoo.com/search?p=cha...UTF-8&fr=moz35

http://search.yahoo.com/search;_ylt=...b-top&fr=moz35

Sitting around while this is going on isn't going to get the car. Action will.
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      04-26-2012, 06:49 AM   #44
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FLAME ON!
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