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03-24-2008, 12:02 AM | #441 | |
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03-24-2008, 12:04 AM | #442 | |
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UCC rules do not supersede agreements that two parties entered into by a third party in this case Ebay is the venue and you gotta sign up and agree to Their terms before anything happens and this crap about the we reserve the right to cancel any bids escape clause... Welp I agree w/ you there. He bid, they never canceled it. Auction ends he won. why are you ref. general contract law between people that agree to All the terms beforehand. |
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03-24-2008, 12:05 AM | #443 | |
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As another licensed TX attorney I mostly concur. . .with this caveat - don't even bother with BBB or AG or anything else that people have been mentioning. Just go down to the county courthouse and file a law suit - might cost you $100 or $200 - court fees that are recoverable as well. The law is well settled on this - you will win the difference between the contract price and the market value of the car - about 8K. If you were in Texas - I'd go ahead and throw in DTPA as leverage - but that's probably a loser (but they wouldn't want to risk losing because possibly subject to up to treble damages). Yeah, you can go to mediation and split the baby - but I'd say in this case - screw 'em, OPs case is rock solid. |
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03-24-2008, 12:05 AM | #444 | |
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Like i said read the UCC code about auctions. That's more informative than anything ebay will give you.
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03-24-2008, 12:06 AM | #445 | |
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03-24-2008, 12:07 AM | #446 | |
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Tell me whats the difference between a regalur auction and an Ebay one: UCC code covers auctions and explains what the options are for an offeree. Show me some proof that UCC doesn't apply to 3rd party? Ebay isn't an auction?
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03-24-2008, 12:07 AM | #447 | |
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A seller may cancel the item listing any time BEFORE the listing ends: http://pages.ebay.com/help/sell/motors-end-early.html BUT if the item ends, and there is a succesfull bidder, then the 2 enter into a CONTRACT. http://pages.ebay.com/help/policies/...rformance.html If ebay does not enforce these rules, then what the heck is the point of using EBAY at all? These rules are there bread and butter. Who do you think they will side with? The dealership is in the wrong BIG TIME. If it was an honest mistake - oh well - life sucks, now pay up. |
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03-24-2008, 12:09 AM | #448 | |
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The car was advertised on e-bay as "NO RESERVE"....in caps. That whole point you were making about a "default reserve" is nonsense. "The car advertises its title in CAPS “LOWEST PRICE ON EBAY”. The auction started at 60,000 and had a BUY IT NOW for 66926 K. NO RESERVE."
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03-24-2008, 12:11 AM | #449 | |
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If you want to argue ethics, whatever. I'm just saying theres a low chance this incident will achieve positive results in a court. And for the link in my signature, that's my blog I hope you guys stop by sometime. Honestly, I really didn't mean to upset you guys: It's all in good fun saying your views on things and predicting what might happen. Ya'll have a great night
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03-24-2008, 12:11 AM | #450 | |
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It would appear to me that you are on our forum, to merely attract attention to your website. Please stop quoting the Uniform Commercial Code, unless you are a practicing attorney; which you are NOT. Lastly, please get a proper haircut prior to producing any further video correspondence. Quote from your site: "I’ll scavenge the internet, looking for most interesting things known to mankind, like a ravenous squirrel looks for nuts. This site is guaranteed to satisfy your curiosity for everything life has to offer and more."
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03-24-2008, 12:15 AM | #451 |
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Law or not, give him the car
Look, I'm no lawyer, but I think the OP has a very good case. Regardless, the key thing here is that he deserves the car. I'll send a letter to the local paper, I'll call the dealership, I'll do whatever I can to bring negative publicity to the lowlife dealership if they don't honor this agreement. Heck, I'd even send Tom Osborne a note and ask what he thinks of the antics of the "official dealership for Cornhusker football."
The thread's been somewhat hijacked by the Yeah guy, but hopefully he's gone. Now let's see if the dude can't get his car, as he should. |
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03-24-2008, 12:16 AM | #452 |
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DailyYeah, you are completely wrong. I have no idea where you learnt your law from (what are your credentials? None, judging from your posts). Your facile interpretation of contract law is baffling.
An auction does not have to specify a reserve in order to be valid or legally binding. >there was not anything that said "No Reserve", therefore by default it had a reserve. What?? Where are your brains, you idiot? The absence of a reserve price clearly establishes that no reserve was enacted. >That would mean buyer can refuse to sell. Does that make sense? What?? The buyer can refuse to sell??? Are you even paying attention? Run back to your little blog. >It fails the acceptance rule to be considered a valid agreement; therefore, it isn't a contract. Bzzzzzt, boy your head sure is full of sawdust, isn't it. So if I purchase a ticket for a film, and then leave before its conclusion, it's not a contract?? At the closing of the auction, the contract becomes binding: invitation, offer, acceptance, capacity, legality, the whole bit. This is why they can modify terms while the auction is in session. The point of the reserve is so the seller can make a bid, one single bid, in their own favor. Have you read about promissory estoppel yet, or haven't you got to that chapter in "Lawyer-speak for Dummies". This chap may not get his car, but he can most definitely begin proceedings against the seller (regardless of what you say). |
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03-24-2008, 12:17 AM | #453 | |
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As per the reserve issue, eBay puts users on constructive notice as to when there is or is not a reserve; I am pretty sure that works to avoid any sort of reserve issue. I know to some extent you are trying to play devil's advocate, but ebay is no small company; they are a huge company and probably have a significant legal team that has done their research (or hired expensive outside counsel to do it for them). If simple trivialties such as the alleged no reserve price notice would override an auction, that would make many ebay auctions worthless, and investors and their due diligence teams would not have caused millions/billions of investment in ebay years ago-- their whole business model is based on the ability to facilitate people getting into contracts through their website. In sum, I really think they thought thru this already, many times. Though, I understand it can make for an interesting academic discussion. |
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03-24-2008, 12:19 AM | #455 |
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DOOMA350 follow this link and pm me if this is one of the guys there,i found this link on some website called reddit.com apparently people from nebraska are familar with your friend link follows http://dealer2886.adpwebmarketing.co...ilCatania4.jpg
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03-24-2008, 12:22 AM | #457 |
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Just got here from Reddit, and of course, agree 100% with the OP.
Just one question about eBay Motors auctions, are they just like regular eBay auctions with respect to payment terms? Does the buyer have to send the seller payment within a limited amount of time? It'd be great if this could be pursued through the proper means, but while this is going on, is it possible that in a week, the dealer can hit the OP with an "Item not paid" dispute? |
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03-24-2008, 12:23 AM | #458 |
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[QUOTE=mooseman;2352135]Look, what did the guy lose? Did they take a deposit and hold it for 6 months before failing to complete the transaction? No, they called immediately and said they couldn't honor the price that it was a mistake.QUOTE]
What did he lose? He lost the benefit of the bargain. This is the very foundation of contract law. He is absolutely entitled to recover for any breach of contract here. Mistake is no defense here. Mistake has be a reasonable objective mistake. The price was not so low that the OP was swooping in to take advantage of a mistake - he placed a legitimate bid at the starting price that the dealer posted. |
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03-24-2008, 12:24 AM | #459 | |
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03-24-2008, 12:26 AM | #460 |
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03-24-2008, 12:28 AM | #461 |
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GOOD LORD ALMIGHTY I THOUGHT I HAD BAD HAIR...on a lighter note he does look especially greasy not that im judging the man but he doesnt look like a regular attendee to the weekly fight over who has the better invisible friend(church) man i cannot wait to see how this turns out
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03-24-2008, 12:30 AM | #462 |
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Considering what I read so far in this thread and being a long time ebayer, it is obvious that this was no mistake of yours and ideally you need to be compensated for your time and effort. As far as how realistic it is to get the M3 for the advertized price (and I’m not trying to be discouraging in any way) it probably won’t happen. I have been in similar situations with large price items (100k to be exact) not cars but medical equipment that was promised for a discounted price from a large medical supply company to a local doctors office I worked with. The company had a legal finalized contract that both parties agreed to and last minute the company decided to back out. The doctor sued, the case went to trial, the doctor won (the company was ordered to supply the equipment at the agreed upon price) and what was the end result? The company appealed, and the case will still go before an appeals court. It seems to me that the case will be in litigation for a very long time before anything ever truly gets settled. I wish the doctor took my advice and went public with the matter like you are doing. You are hitting them where it hurts the most there wallet. By ruining their credibility you take business away from them, and there are no legal loopholes around that.
Good Luck, and whether your get your deal or not, just know you played a big role in preventing dealers like these from ignoring their responsibilities toward the consumer. |
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