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      06-19-2012, 12:07 PM   #111
Optherion
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Sorry I was confused, What I meant to say was that with ebay not being in your state there is no binding contract. Not sure why I put autodynamics. Must have been a long day. lol.
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      06-19-2012, 12:13 PM   #112
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Quote:
Originally Posted by Optherion View Post
Sorry I was confused, What I meant to say was that with ebay not being in your state there is no binding contract. Not sure why I put autodynamics. Must have been a long day. lol.
Again, this is totally incorrect.
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      06-19-2012, 03:09 PM   #113
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Quote:
Originally Posted by Singletrack View Post
Again, this is totally incorrect.
I think you are incorrect.

http://pages.ebay.com/help/policies/...nding-bid.html

"All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding. 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. While eBay can't guarantee the completion of the sale or require members to complete a sale when a listing isn't binding, our rules require sellers and buyers to follow through with the sale in good faith. "

Partisan to bidder and sellers. They dont have to sell you the car even if you win. Take it up with law makers and ebay policy. You guys can be in denial all you want. Whats morally right and wrong can not be considered. For example. You are not forced to buy the car if you find out it wont smog in California, and the seller is never forced to sell you the vehicle at their own reservation.

Oh and did you go to law school too ?

So back on topic, the 2nd poster in this thread is spot on correct. You unfortunately have no recourse.
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Last edited by Optherion; 06-19-2012 at 03:20 PM.
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      06-19-2012, 04:10 PM   #114
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Interesting...seems your best recourse if this is non-binding (did you verify withyour attorney there's no holes in the eBay agreement?) is to appeal to eBay to cancel their seller account (they take these things seriously) but I personally would find that a hollow victory at best compared to getting a M3 at a bargain - your call as to whether it's even worth your time.


Quote:
Originally Posted by Optherion View Post
I think you are incorrect.

http://pages.ebay.com/help/policies/...nding-bid.html

"All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding. 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. While eBay can't guarantee the completion of the sale or require members to complete a sale when a listing isn't binding, our rules require sellers and buyers to follow through with the sale in good faith. "

Partisan to bidder and sellers. They dont have to sell you the car even if you win. Take it up with law makers and ebay policy. You guys can be in denial all you want. Whats morally right and wrong can not be considered. For example. You are not forced to buy the car if you find out it wont smog in California, and the seller is never forced to sell you the vehicle at their own reservation.

Oh and did you go to law school too ?

So back on topic, the 2nd poster in this thread is spot on correct. You unfortunately have no recourse.
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      06-20-2012, 06:01 PM   #115
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Quote:
Originally Posted by Optherion View Post
I think you are incorrect.

http://pages.ebay.com/help/policies/...nding-bid.html

"All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding. 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. While eBay can't guarantee the completion of the sale or require members to complete a sale when a listing isn't binding, our rules require sellers and buyers to follow through with the sale in good faith. "

Partisan to bidder and sellers. They dont have to sell you the car even if you win. Take it up with law makers and ebay policy. You guys can be in denial all you want. Whats morally right and wrong can not be considered. For example. You are not forced to buy the car if you find out it wont smog in California, and the seller is never forced to sell you the vehicle at their own reservation.

Oh and did you go to law school too ?

So back on topic, the 2nd poster in this thread is spot on correct. You unfortunately have no recourse.
I may be wrong, but I do not believe that eBay's rules can outweigh those of the state of Texas:

(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.
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      06-20-2012, 07:36 PM   #116
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Interesting. So the question to me is whether the OP has anything (e.g., screen shot) that shows this was a no reserve auction? If so I'd definitely still talk to a lawyer but the suspect dealer knows the equation here - the potential 'baragin' here is around $10k order of magnitude which is probably close to or less than full cost to adjudicate (unless OP pursues small claims court which I think has a $10k limit in Texas so probably not a bad option if OP can show no-reserve auction status.) Of course even if OP goes this route and wins it's another thing to actually collect...

Quote:
Originally Posted by budmanv24 View Post
I may be wrong, but I do not believe that eBay's rules can outweigh those of the state of Texas:

(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.
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      06-20-2012, 11:51 PM   #117
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My inbox recently:

Hi there,

We wanted to let you know that we've removed your review of Auto Dynamics. Our Support team has determined that it falls outside our Content Guidelines (http://www.yelp.com/guidelines) because it lacks a firsthand customer experience.

Please take this as a fair warning that we will not be accepting further postings from you for this listing. We hope you will continue to participate on Yelp, while keeping in mind our Content Guidelines.

Regards,
Sierra
Yelp User Support
San Francisco, California

Yelp Official Blog | http://officialblog.yelp.com
Yelp Frequently Asked Questions | http://www.yelp.com/faq
Yelp for Business Owners | https://biz.yelp.com

-----------------------------

All I did was post the Jalopnic link and basically say "buyer beware" but apparently without firsthand experience from the scammers, I can't post. Oh well I tried.
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      06-21-2012, 03:09 PM   #118
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Quote:
Originally Posted by budmanv24 View Post
I may be wrong, but I do not believe that eBay's rules can outweigh those of the state of Texas:

(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.
That applies to Ebay. Not Ebay Motors.

Doesnt help in this case.
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      07-01-2012, 11:14 AM   #119
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Was this ever resolved?
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      07-01-2012, 12:25 PM   #120
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Quote:
Originally Posted by Optherion View Post
I think you are incorrect.

http://pages.ebay.com/help/policies/...nding-bid.html

"All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding. 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. While eBay can't guarantee the completion of the sale or require members to complete a sale when a listing isn't binding, our rules require sellers and buyers to follow through with the sale in good faith. "

Partisan to bidder and sellers. They dont have to sell you the car even if you win. Take it up with law makers and ebay policy. You guys can be in denial all you want. Whats morally right and wrong can not be considered. For example. You are not forced to buy the car if you find out it wont smog in California, and the seller is never forced to sell you the vehicle at their own reservation.

Oh and did you go to law school too ?

So back on topic, the 2nd poster in this thread is spot on correct. You unfortunately have no recourse.
Again, you are totally incorrect. Plenty of cases where lawyers have pursued this and won under the applicable state law.

...my guess is you just got out of law school.
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      07-02-2012, 09:06 PM   #121
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Quote:
Originally Posted by Singletrack View Post
Again, you are totally incorrect. Plenty of cases where lawyers have pursued this and won under the applicable state law.

...my guess is you just got out of law school.
Ok, Prove it.

I posted evidence. You are simply providing garbage from your mouth. Heresay

Please post cases of someone successfully suing ebay motors and or the party selling the vehicle where it was resolved in court.... ya.... Ill wait for this one LOL. You wont find any because, IF there was a previous case, this ebay policy would have been corrected. Just because someone else had a similar case that correlates to this one, does not make it the same.

The cases I am almost certain you refer to are those which the dealer went back, on their own honor, to correct their image/mistake and did what they felt made things right. In this situation, you have recourse, albeit very expensive. Unless you want to sue ebay first to correct their policy. However the selling party would not honor the sale if the policy was changed after the sale date.
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Last edited by Optherion; 07-02-2012 at 09:13 PM.
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      07-02-2012, 09:58 PM   #122
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Quote:
Originally Posted by Optherion View Post
Ok, Prove it.

I posted evidence. You are simply providing garbage from your mouth. Heresay

Please post cases of someone successfully suing ebay motors and or the party selling the vehicle where it was resolved in court.... ya.... Ill wait for this one LOL. You wont find any because, IF there was a previous case, this ebay policy would have been corrected. Just because someone else had a similar case that correlates to this one, does not make it the same.

The cases I am almost certain you refer to are those which the dealer went back, on their own honor, to correct their image/mistake and did what they felt made things right. In this situation, you have recourse, albeit very expensive. Unless you want to sue ebay first to correct their policy. However the selling party would not honor the sale if the policy was changed after the sale date.
Putting 'LOL' at the end of your sentence does not change the fact that you fail to understand how state laws can be applicable in the case of an online auto auction.

"No thanks" on your offer to go retrieve information for you.

Who is suing ebay motors? No idea what you are talking about there....
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      07-05-2012, 11:44 AM   #123
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Quote:
Originally Posted by Singletrack View Post
Putting 'LOL' at the end of your sentence does not change the fact that you fail to understand how state laws can be applicable in the case of an online auto auction.

"No thanks" on your offer to go retrieve information for you.

Who is suing ebay motors? No idea what you are talking about there....
No idea what YOU are talking about.
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      07-05-2012, 02:56 PM   #124
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Quote:
Originally Posted by Optherion View Post
No idea what YOU are talking about.
That makes sense.
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      07-05-2012, 03:44 PM   #125
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Quote:
Originally Posted by Singletrack View Post
That makes sense.
Let me know when you understand Supremacy Clause.

then ill give you a gold sticker next to your name like you earn in 1st grade
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      07-05-2012, 05:38 PM   #126
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Quote:
Originally Posted by Optherion View Post
Let me know when you understand Supremacy Clause.

then ill give you a gold sticker next to your name like you earn in 1st grade
Supremacy clause as in the supremacy of federal law and the constitution to trump state laws when they do not comply? I just googled it.

LOL. Please enlighten...

What happened to your argument about state laws having no relevance to transactions on the internet? Did you just abandon that? I would have too since it is incorrect.

I sincerely hope you are not a real attorney.
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      07-05-2012, 07:01 PM   #127
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Quote:
Originally Posted by Singletrack View Post
Supremacy clause as in the supremacy of federal law and the constitution to trump state laws when they do not comply? I just googled it.

LOL. Please enlighten...

What happened to your argument about state laws having no relevance to transactions on the internet? Did you just abandon that? I would have too since it is incorrect.

I sincerely hope you are not a real attorney.
You just proved my point. Texas Business and Commerce Codež 2.328. Section B. Does not apply as posters have referenced it. Since you have learned about google, I suggest you look up the 1999 North Carolina Auctioneer Licensing Board VS Ebay Inc.

In 1999, NC attempted to regulate laws for sellers who conduct online auctions within North Carolina and failed miserably. I think you are confused with the representation that this took place in Texas. Ebay is much much bigger. Many States are fighting eBay's attempts to oppose the rightful laws of States. Ebay E-commerce is a world wide concern. It is extremely difficult to regulate.

If the seller had a auction license in the state of Texas, was using that license to list the car on their own (not using ebay) you would be correct.

If you have any other questions just ask. Its too bad the car sold and the OP missed out on a glitch.
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      01-28-2013, 08:42 AM   #128
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I find this to be a red flag when I am looking to purchase an M3, but the original owner of this car got the 1,200-Mile required service at 4,079 miles. Ouch.
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