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      05-31-2012, 03:37 PM   #89
budmanv24
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Quote:
Originally Posted by desertfox73 View Post
Maybe you can't answer this, but I'm curious to know what they are suing your for.
From their letter:

Second, because of your demand letter, we have incurred costs of over $1500.00. The buyer of the car, once he received your correspondence, indicated that he did not want to purchase the vehicle. We ask that your client pay Autodynamics $1500.00 dollars. If he does not we will be forced to undertake whatever legal remedies that are available to us. Frankly, we have been more than professional with your client. While he as rebuffed all offers and made negative comments on Ebay regarding my client. We ask that he pay us the sum of $1500.00 and remove all negative comments on Ebay regarding Autodynamics. We ask that this be done in 14 days.


Ali Fazel

Scardino & Fazel

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Sweeney, Coombs & Fredericks Bldg.

1004 Congress St., 3rd Floor

Houston, Texas 77002

Tel: 713-229-9292
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      05-31-2012, 04:35 PM   #90
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Quote:
Originally Posted by budmanv24
Quote:
Originally Posted by desertfox73 View Post
Maybe you can't answer this, but I'm curious to know what they are suing your for.
From their letter:

Second, because of your demand letter, we have incurred costs of over $1500.00. The buyer of the car, once he received your correspondence, indicated that he did not want to purchase the vehicle. We ask that your client pay Autodynamics $1500.00 dollars. If he does not we will be forced to undertake whatever legal remedies that are available to us. Frankly, we have been more than professional with your client. While he as rebuffed all offers and made negative comments on Ebay regarding my client. We ask that he pay us the sum of $1500.00 and remove all negative comments on Ebay regarding Autodynamics. We ask that this be done in 14 days.


Ali Fazel

Scardino & Fazel

Attorneys at Law

Sweeney, Coombs & Fredericks Bldg.

1004 Congress St., 3rd Floor

Houston, Texas 77002

Tel: 713-229-9292
It's a sad joke of a bluff. They have no legal right to sue you for your negative comments, maybe only if it was under a false idea. They broke a contract under Ebays policy. If u get an attorney he will murder them in court.
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      06-01-2012, 11:50 AM   #91
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This is ridiculous. Keep fighting man. ?They have no legal recourse over comments espcially because they rescinded a bought car. If you think about it like this. What If I had my car on there and someone bought it and then i said well i can get more money or the buyer of the car said ehh I don't want it anymore because i just dont like it. Thats the same damn thing and its not right. When you buy something on ebay its supposed to be a binding contract and thats how there business model is run and it makes sure people follow it. Contact everybody and keep fighting.
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      06-01-2012, 05:23 PM   #92
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Nice, the attorney committed extortion. Time to sue for all he's got and take away his license.
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      06-02-2012, 02:19 AM   #93
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Quote:
Originally Posted by Legitimate
Nice, the attorney committed extortion. Time to sue for all he's got and take away his license.
Also submit this story to local news and jalopnik. You easily can take the upper hand in this argument.
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      06-02-2012, 03:00 AM   #94
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I am not your lawyer but here's the deal about your situation.

eBay in general requires that all auction except for real estate and car auctions are binding legal contracts.

Auto and real estate auctions are in no way binding at all on eBay and the only consequence to backing out is having your account possibly warned or banned.

The only exception to this is if your state has a law about "auctions" which makes them legally binding. The good news is that your state does have such a law:

Quote:
2.328. SALE BY AUCTION. (a) In a sale by auction if
goods are put up in lots each lot is the subject of a separate sale.
(b) A sale by auction is complete when the auctioneer so
announces by the fall of the hammer or in other customary manner.
Where a bid is made while the hammer is falling in acceptance of a
prior bid the auctioneer may in his discretion reopen the bidding or
declare the goods sold under the bid on which the hammer was
falling.
(c) Such a sale is with reserve unless the goods are in
explicit terms put up without reserve. In an auction with reserve
the auctioneer may withdraw the goods at any time until he announces
completion of the sale. In an auction without reserve, after the
auctioneer calls for bids on an article or lot, that article or lot
cannot be withdrawn unless no bid is made within a reasonable time.
In either case a bidder may retract his bid until the auctioneer's
announcement of completion of the sale, but a bidder's retraction
does not revive any previous bid.
(d) If the auctioneer knowingly receives a bid on the
seller's behalf or the seller makes or procures such a bid, and
notice has not been given that liberty for such bidding is reserved,
the buyer may at his option avoid the sale or take the goods at the
price of the last good faith bid prior to the completion of the
sale. This subsection shall not apply to any bid at a forced sale.
In other words unless the car is in a forced sale ie the sherif or bank is auctioning it then if the seller received a bid on a non-reserve auction you may take the goods at the winning bid price.

Legally the car has been sold to you and you own it if you make out a payment in the full amount for the auction. The law is very clear in your situation. You have the right to take the car.

Hope that helps.
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      06-02-2012, 02:54 PM   #95
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We need a few more people to send a link to this thread to tips (at) Jalopnik.com. I sent it off last night.
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      06-13-2012, 01:27 PM   #96
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Originally Posted by SlamMan View Post
We need a few more people to send a link to this thread to tips (at) Jalopnik.com. I sent it off last night.
+1. It is completely ridiculous that nothing has been done to date and that the OP has received a threatening letter (when he's spent much more than their claim on attorney's fees already). Bumping the Jalopnik submission.
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      06-13-2012, 02:25 PM   #97
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Thanks guys, got your email. I'll check it out. Bud, can you email me? Ben@bpopken.com

- Ben Popken
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      06-13-2012, 03:19 PM   #98
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Thanks for the support guys. I emailed Ben.
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      06-15-2012, 01:31 PM   #99
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Awesome! They picked it up.

http://jalopnik.com/5918702/dealersh...r-ebay-auction

Thanks, Jalopnik.
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      06-15-2012, 01:31 PM   #100
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Went to post the link and SlamMan beat me to it by a couple seconds.
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      06-15-2012, 02:07 PM   #101
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Quote:
Originally Posted by SlamMan View Post
Awesome! They picked it up.

http://jalopnik.com/5918702/dealersh...r-ebay-auction

Thanks, Jalopnik.
Brilliant!

I love how Fezel says that anybody "lying" while leaving negative feedback is going to lumped into a potential lawsuit. What an asshole (and that's no lie).

The bottom line is that it isn't the buyers fault that the STEALership posted an item and didn't do their own quality control before pressing play.

You guys are COWARDS and THIEFS Autodynamics!!
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      06-15-2012, 02:41 PM   #102
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Quote:
Originally Posted by budmanv24 View Post
They are refusing to budge and have informed me that they are suing me.

Meanwhile, they put the car back up for sale on their website:
http://www.autodynamicscars.com/2008...-77057/3621911

And, somehow my review on yelp got removed and their 0 star rating on google got taken down.
Not to even mention that they call the car a convertible in their description. What a bunch of chumps.
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      06-15-2012, 04:50 PM   #103
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Anyone notice the "Service Engine Soon" light in the dash? Is that normal for a Dinan M3?
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      06-17-2012, 10:56 AM   #104
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Hey looks like your in Lewisville! Just down the road from me. Really hope you get your car, can't see why you wouldn't.

I really think it's funny that there seems to be a trend lately of dealerships doing things like this and it ALWAYS ends with them reluctantly selling the car after receiving a ton of negative publicity. Me thinks there is a lesson to be learned by dealerships that would attempt such things.
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      06-17-2012, 11:03 AM   #105
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I'd just move on and find another car. A corporations attorney will outlast your own pocket book. It's not even worth it. Come to some agreement. They actually do have every right to sue you if you came in between their contract. eBay is not a binding contract. Period. Imagine all the buyers that back out? You can't force them to pay. Vice versa. Sadly glitches do happen.
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      06-17-2012, 01:49 PM   #106
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I'd just move on and find another car. A corporations attorney will outlast your own pocket book. It's not even worth it. Come to some agreement. They actually do have every right to sue you if you came in between their contract. eBay is not a binding contract. Period. Imagine all the buyers that back out? You can't force them to pay. Vice versa. Sadly glitches do happen.
eBay may not be a legally binding contract but Autodynamics should learn the laws of our state before conducting business.

Quote:
Originally Posted by Legion5 View Post
I am not your lawyer but here's the deal about your situation.

eBay in general requires that all auction except for real estate and car auctions are binding legal contracts.

Auto and real estate auctions are in no way binding at all on eBay and the only consequence to backing out is having your account possibly warned or banned.

The only exception to this is if your state has a law about "auctions" which makes them legally binding. The good news is that your state does have such a law:


Quote:
Originally Posted by Texas Business and Commerce Code
2.328. SALE BY AUCTION. (a) In a sale by auction if
goods are put up in lots each lot is the subject of a separate sale.
(b) A sale by auction is complete when the auctioneer so
announces by the fall of the hammer or in other customary manner.
Where a bid is made while the hammer is falling in acceptance of a
prior bid the auctioneer may in his discretion reopen the bidding or
declare the goods sold under the bid on which the hammer was
falling.
(c) Such a sale is with reserve unless the goods are in
explicit terms put up without reserve. In an auction with reserve
the auctioneer may withdraw the goods at any time until he announces
completion of the sale. In an auction without reserve, after the
auctioneer calls for bids on an article or lot, that article or lot
cannot be withdrawn unless no bid is made within a reasonable time.
In either case a bidder may retract his bid until the auctioneer's
announcement of completion of the sale, but a bidder's retraction
does not revive any previous bid.
(d) If the auctioneer knowingly receives a bid on the
seller's behalf or the seller makes or procures such a bid, and
notice has not been given that liberty for such bidding is reserved,
the buyer may at his option avoid the sale or take the goods at the
price of the last good faith bid prior to the completion of the
sale. This subsection shall not apply to any bid at a forced sale.

In other words unless the car is in a forced sale ie the sherif or bank is auctioning it then if the seller received a bid on a non-reserve auction you may take the goods at the winning bid price.

Legally the car has been sold to you and you own it if you make out a payment in the full amount for the auction. The law is very clear in your situation. You have the right to take the car.

Hope that helps.
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      06-17-2012, 02:23 PM   #107
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Screw the car. It's the principle of the thing now. (although the car would be a nice bonus)
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      06-17-2012, 05:55 PM   #108
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Quote:
Originally Posted by Augenbrauezug View Post
eBay may not be a legally binding contract but Autodynamics should learn the laws of our state before conducting business.

Except autodymanics is not located in Texas Lol. So they don't have to follow your states laws. Good luck.

There's too many of these threads where buyers strong arm dealers into agreeing ong mistakes to make them eat it. I'm all for you getting a fair price. Especially if you came to find out that no reserve was intended and they didn't do their books to calculate what they own the car for.

Just apple and amazon do to avoid state laws, autodynamics doesn't need to follow your state laws as they are not based there nor is eBay
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      06-17-2012, 06:47 PM   #109
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Quote:
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Except autodymanics is not located in Texas Lol. So they don't have to follow your states laws. Good luck.

There's too many of these threads where buyers strong arm dealers into agreeing ong mistakes to make them eat it. I'm all for you getting a fair price. Especially if you came to find out that no reserve was intended and they didn't do their books to calculate what they own the car for.

Just apple and amazon do to avoid state laws, autodynamics doesn't need to follow your state laws as they are not based there nor is eBay
Wrong. First off Autodynamics IS located in Houston Texas. Second it doesn't matter if they are. When business is done over the phone or on the internet between two persons residing in different states the law says that the transaction for legal purposes is considered to take place in the buyer's home. Internet taxes are a completely different from consumer protection laws.

Legally the auction was held in the OP's living room.

Also, nobody is trying to strong arm anybody here, the dealer seems to be mistreating the OP and violating state laws from the details the OP provided. He deserves to seek rightful compensation for the dealer's actions just like anyone else, and people should be made aware of how the dealer treats it's customers.
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      06-17-2012, 09:34 PM   #110
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Quote:
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Except autodymanics is not located in Texas Lol. So they don't have to follow your states laws. Good luck.

There's too many of these threads where buyers strong arm dealers into agreeing ong mistakes to make them eat it. I'm all for you getting a fair price. Especially if you came to find out that no reserve was intended and they didn't do their books to calculate what they own the car for.

Just apple and amazon do to avoid state laws, autodynamics doesn't need to follow your state laws as they are not based there nor is eBay
I like the smugly placed 'lol' in your reply lol. The dealer is in Houston like Legion5 said and the buyer lives right down the road from me.
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