Won ebay auction at 60K for E90 M3, BMW of Lincoln refusing to honor

YYdoodle · 03-26-2008, 12:25 AM

Quote:

Originally Posted by dooma350

Hey guys
Sorry I havent been posting any updates, I apologize for that as I have been under a gag order, and couldnt talk. These past 2 days, which have felt like an eternity have been pretty frustating, as Im not one to keep it all bottled up inside of me.

So here is where we are at. Up to now, I think a somewhat rosy outlook was kind of intimated, as I myself had posted that we were working towards resolution. Im not so sure of that.
This whole ordeal, to say the least has been pretty stressful, and I never imagined it would get this big. Not to mention uncharted territory for me. I now have an attorney representing me. I got in touch with Scott Tepper, who specializes in internet law and business litigation. Scott has been phenomenal, and his experience in these types of cases really show.

On monday, everything culminated into a huge firestorm at the dealer. Channel 8 news was calling for a interview, in addition to the BBB, Ebay, CNN and MSNBC. All wanting to speak to the dealer in regards to these sales practives. So thats what was happening as I spoke to the dealer on monday morning. Continued below..

cool

acidtrunks · 03-26-2008, 12:28 AM

Quote:

Originally Posted by Terps

cool

link me plz

AYF82M4 · 03-26-2008, 12:56 AM

Hey guys
Sorry I havent been posting any updates, I apologize for that as I have been under a gag order, and couldnt talk. These past 2 days, which have felt like an eternity have been pretty frustating, as Im not one to keep it all bottled up inside of me.

So here is where we are at. Up to now, I think a somewhat rosy outlook was kind of intimated, as I myself had posted that we were working towards resolution. Im not so sure of that.
This whole ordeal, to say the least has been pretty stressful, and I never imagined it would get this big. Not to mention uncharted territory for me. I now have an attorney representing me. I got in touch with Scott Tepper, who specializes in internet law and business litigation. Scott has been phenomenal, and his experience in these types of cases really show.

On monday, everything culminated into a huge firestorm at the dealer. Channel 8 news was calling for a interview, in addition to the BBB, Ebay, CNN and MSNBC. All wanting to speak to the dealer in regards to these sales practives. So thats what was happening as I spoke to the dealer on monday morning.

So the dealership proposed "conditions" as part of the deal.
First, they wanted to say I could not sell for a number of years. This condition has since been removed, thanks to Scott.

The one that really bothers me though, is this one.
The dealership wanted me to assist in defusing the situation, in letting the sites I contacted know that I was getting my deal. I didnt mind doing that,as long I was JUST that. I had no intention of becoming a pawn for this dealer, not after the way they treated me!

SO I went out and contacted Channel 8, Ebay, BBB and m3post to let everyone know things were moving in a positive direction. But in subsequent conversations, I got placed under the impression that the dealership really isnt sorry for anything they have done here. Their attitude, it seemed was that I am to blame for the firestorm that culminated, implying that I wasnt being proactive enough in getting the word out Hello? Did you not see the international outrage from this situation? Root cause, gentleman. Introspection.Why are hundred of thousands of people around the world so pissed? Until they get it, im under the impression that nothing will change. All the above is just
Did anyone see this newspaper article?

Absolutely ridiculous!
http://www.journalstar.com/articles/...e060113124.txt
“These bloggers out there, they have lots of time on their hands to do this.”
Did it ever occur to the dealership that they created a situation that compelled complete strangers to MAKE time? They dont get it, if they cant see that. So Im left as confused as ever.
So as you can see, it hasnt exactly been smooth sailing here.

I'll post again when I have an update.
Thanks
Ken

__________

Guys, the post I made over at bimmer drivers is me. As a favor to Scott, I wanted to post the first update over there before I did it over here. But it looks as if someone already cut and paste the whole thing.

I should have explained that over here first, my apologies on that.

Regards

Ken

midknight xrs runner · 03-26-2008, 01:05 AM

sorry

AYF82M4 · 03-26-2008, 01:11 AM

Guys, Im sorry for the lack of followup these past few days.

Its been difficult not being able to talk.
And as my post explains, Scott is the attorney representing me, who is helping me get thru the final phase. This is absolutely the most overwhelming aspect for me right now, as this potentially involves lawsuits, litigation, media contact and such.
More then the car itself , the above impact is what has been so stressful for me thus far.

acidtrunks · 03-26-2008, 01:11 AM

wow amazing how an hours woth of convo has all the sudden disappeared...and i really think that is dooma but tmo

mkoesel · 03-26-2008, 01:11 AM

Quote:

Originally Posted by midknight xrs runner

Thats not dooma350.

For one, there's a punctuation mistake. he spelt "couldnt" without the apostrophe. Secondly, he hasn't been able to be reached for comment and his Lawyer has not either. Who would want to impersonate him, probably someone looking for attention or in desperate need. There's too many punctuation mistakes, and the thoughts a brought together in a typical essay fashion, not as how someone, like dooma, would put it as seen in his first post.

Believe me, he would lets us all know on this forum first.

Pssst.

Then can you explain how the person known as dooma350 on this site and who started the whole thing to being with, has posted the same thing here, directly above?

acidtrunks · 03-26-2008, 01:14 AM

Quote:

Originally Posted by mkoesel

Pssst.

Then can you explain how the person known as dooma350 on this site and who started the whole thing to being with, has posted the same thing here, directly above?

+1

AYF82M4 · 03-26-2008, 01:15 AM

Yes, its me. Im sorry for the mistakes. I do agree that grammar and punctuation is something I am usually anal about. But in this case, I wrote a long post, only to have it accidentally erased. Boy does it suck having to retype a long post you already wrote once.

mkoesel · 03-26-2008, 01:15 AM

Quote:

Originally Posted by acidtrunks

wow amazing how an hours woth of convo has all the sudden disappeared...

What part has disappeared acid? I mean the mods deleted the shameless plugs for the other site earlier, but other than that...

MalibuBimmer · 03-26-2008, 01:16 AM

Quote:

Originally Posted by Triple-Net-Automotive

We do consulting work for many car dealers, these guys are not scum or sleaze balls like others have indicated. A car dealer is entitled for a profit, on an M3 of this caliber, they probably have a 5% profit margin, which is not a lot.
The price they are offering your the car for is their net Invoice minus holdback.
The Internet Manager screwed up, he is not the most professional, but at the end of the day you will not win this case.

Unfortunately eventhough the eBay bid is binding within the eBay domain, in a court of law it is YOUR burden to prove that they maliciously manipulated the listing and they did NOT do a mistake, this is very difficult to prove.

What I recommend you do is to contact the corporate office of that dealer group, the GM is no help here.

If they drop the price another Grand and waive the doc fee, you should go ahead and buy it.

Anthony.

Anthony, thank you for your opinion. However the Uniform Commercial Code governs auctions, in California (where eBay's servers are located) and in Nebraska.

The same Code provision in each state's laws provides that in a no reserve auction the last "good faith" bidder may enforce the sale. (California - Com. Code sec. 2328; Nebraska - UCC sec. 238.) Whatever the dealer did, if Dooma350's bid was in good faith (i.e., did he intend to buy the car?), then he is entitled to force the sale. The focus here is on the bidder after the dealer conducts an auction with no reserve.

While your opinion is certainly interesting, I sure hope you're not giving legal advice to dealerships anywhere.

acidtrunks · 03-26-2008, 01:17 AM

Quote:

Originally Posted by mkoesel

What part has disappeared acid? I mean the mods deleted the shameless plugs for the other site earlier, but other than that...

well all of our conspiracy theories...and my sleuthing work they deleted all the way back to where i asked for the link to part 1 of his update

-RAC · 03-26-2008, 01:18 AM

So are things not going well for this deal?

RX7owner · 03-26-2008, 01:24 AM

Ken, there's a book here waiting to be written...

mkoesel · 03-26-2008, 01:25 AM

Quote:

Originally Posted by dooma350

Yes, its me. Im sorry for the mistakes. I do agree that grammar and punctuation is something I am usually anal about. But in this case, I wrote a long post, only to have it accidentally erased. Boy does it suck having to retype a long post you already wrote once.

dooma, i feel for you man. Its true - you are coming across a little hasty here, and I guess you are just stressed. Some of the stuff you wrote was a bit broken up, like:

Quote:

Originally Posted by dooma350

...Until they get it, im under the impression that nothing will change. All the above is just just what?
Did anyone see this newspaper article?

Quote:

Originally Posted by dooma350

...More then the car itself , the above impact is what has been been what?

Not trying to critique your writing - far from it. I appreciate you taking the time to update us. Just saying you must really be going through a lot right now, and we understand. Take care of yourself and good luck! We appreciate your conviction and not giving into their unreasonable demands.

Los Angeles · 03-26-2008, 01:27 AM

Quote:

Originally Posted by dooma350

Hey guys
On monday, everything culminated into a huge firestorm at the dealer. Channel 8 news was calling for a interview, in addition to the BBB, Ebay, CNN and MSNBC. All wanting to speak to the dealer in regards to these sales practives. So thats what was happening as I spoke to the dealer on monday morning.

Regards

Ken

Wow, I'm glad the word is getting out to the news outlets.

Until you have that car in you posession at the price the dealer offered, this is not over!

Those people need to stop playing games and give up the car as they promised!!

Hang in there Ken, we're pullin for ya, buddy!

mkoesel · 03-26-2008, 01:29 AM

Quote:

Originally Posted by RX7owner

Ken, there's a book here waiting to be written...

IMHO, if BMWNA is watching, they should call up Ken and offer him an M3 of his choice at $60k. I mean this guy is a saint. How many of us would have sold out to the dealership and walked away with the keys? BMWNA should call him up, give him an all expenses paid European Delivery on a loaded M3 of his spec at $60k.

Now THAT would make a great book. Not that the present story as it stands would make a bad one.

mkoesel · 03-26-2008, 01:32 AM

Quote:

Originally Posted by acidtrunks

well all of our conspiracy theories...and my sleuthing work they deleted all the way back to where i asked for the link to part 1 of his update

Heh, yeah I didn't even catch that. Oh well, it was just something to pass the time anyway. Hard to say if the deletions were at the behest of Malibu or if the mods just figured it was OT and pointless after proven wrong. They forgot one post though:

http://www.m3post.com/forums/showpos...postcount=1118

Go ahead and kill that one too Jason.

MalibuBimmer · 03-26-2008, 01:34 AM

Quote:

Originally Posted by mkoesel

IMHO, if BMWNA is watching, they should call up Ken and offer him an M3 of his choice at $60k. I mean this guy is a saint. How many of us would have sold out to the dealership and walked away with the keys? BMWNA should call him up, give him an all expenses paid European Delivery on a loaded M3 of his spec at $60k.
Now THAT would make a great book. Not that the present story as it stands would make a bad one.

I concur. And his lawyer, too!

mkoesel · 03-26-2008, 01:37 AM

Quote:

Originally Posted by MalibuBimmer

I concur. And his lawyer, too!

Malibu, you're ballin in an M6 vert and 535xi, you can pay MSRP.

AYF82M4 · 03-26-2008, 01:42 AM

OK, I admit to being under a great deal of stress, as I cant even post links correctly right now.

http://www.journalstar.com/articles/...e060113124.txt

This is what i was referring too. The remark on bloggers having too much time on their hands is where I think they dont get it.

acidtrunks · 03-26-2008, 01:44 AM

Quote:

Originally Posted by mkoesel

Malibu, you're ballin in an M6 vert and 535xi, you can pay MSRP.

if anyones bored heres a 15 min history on bmw

http://turbo.discovery.com/convergen...p-marques.html

03-26-2008, 12:56 AM	#1081
AYF82M4 Second Lieutenant 67 Rep 200 Posts Drives: MG F80 M3 ZCP Join Date: Mar 2008 Location: Los Angeles, CA iTrader: (0) Garage List 2008 BMW M3 Sedan [0.00]	Hey guys Sorry I havent been posting any updates, I apologize for that as I have been under a gag order, and couldnt talk. These past 2 days, which have felt like an eternity have been pretty frustating, as Im not one to keep it all bottled up inside of me. So here is where we are at. Up to now, I think a somewhat rosy outlook was kind of intimated, as I myself had posted that we were working towards resolution. Im not so sure of that. This whole ordeal, to say the least has been pretty stressful, and I never imagined it would get this big. Not to mention uncharted territory for me. I now have an attorney representing me. I got in touch with Scott Tepper, who specializes in internet law and business litigation. Scott has been phenomenal, and his experience in these types of cases really show. On monday, everything culminated into a huge firestorm at the dealer. Channel 8 news was calling for a interview, in addition to the BBB, Ebay, CNN and MSNBC. All wanting to speak to the dealer in regards to these sales practives. So thats what was happening as I spoke to the dealer on monday morning. So the dealership proposed "conditions" as part of the deal. First, they wanted to say I could not sell for a number of years. This condition has since been removed, thanks to Scott. The one that really bothers me though, is this one. The dealership wanted me to assist in defusing the situation, in letting the sites I contacted know that I was getting my deal. I didnt mind doing that,as long I was JUST that. I had no intention of becoming a pawn for this dealer, not after the way they treated me! SO I went out and contacted Channel 8, Ebay, BBB and m3post to let everyone know things were moving in a positive direction. But in subsequent conversations, I got placed under the impression that the dealership really isnt sorry for anything they have done here. Their attitude, it seemed was that I am to blame for the firestorm that culminated, implying that I wasnt being proactive enough in getting the word out Hello? Did you not see the international outrage from this situation? Root cause, gentleman. Introspection.Why are hundred of thousands of people around the world so pissed? Until they get it, im under the impression that nothing will change. All the above is just Did anyone see this newspaper article? Absolutely ridiculous! http://www.journalstar.com/articles/...e060113124.txt “These bloggers out there, they have lots of time on their hands to do this.” Did it ever occur to the dealership that they created a situation that compelled complete strangers to MAKE time? They dont get it, if they cant see that. So Im left as confused as ever. So as you can see, it hasnt exactly been smooth sailing here. I'll post again when I have an update. Thanks Ken __________ Guys, the post I made over at bimmer drivers is me. As a favor to Scott, I wanted to post the first update over there before I did it over here. But it looks as if someone already cut and paste the whole thing. I should have explained that over here first, my apologies on that. Regards Ken Last edited by AYF82M4; 03-26-2008 at 01:41 AM.. Reason: Needed to fix link
	Appreciate 0

03-26-2008, 01:05 AM	#1082
midknight xrs runner New Member 0 Rep 8 Posts Drives: '06 Toyota Corolla Xrs Join Date: Mar 2008 Location: OC, CA iTrader: (0)	sorry Last edited by midknight xrs runner; 03-26-2008 at 03:44 AM.. Reason: I retract my statement.
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03-26-2008, 01:11 AM	#1083
AYF82M4 Second Lieutenant 67 Rep 200 Posts Drives: MG F80 M3 ZCP Join Date: Mar 2008 Location: Los Angeles, CA iTrader: (0) Garage List 2008 BMW M3 Sedan [0.00]	Guys, Im sorry for the lack of followup these past few days. Its been difficult not being able to talk. And as my post explains, Scott is the attorney representing me, who is helping me get thru the final phase. This is absolutely the most overwhelming aspect for me right now, as this potentially involves lawsuits, litigation, media contact and such. More then the car itself , the above impact is what has been so stressful for me thus far. Last edited by AYF82M4; 03-26-2008 at 01:44 AM.. Reason: Fixing incomplete, incoherent sentences
	Appreciate 0

03-26-2008, 01:11 AM	#1084
acidtrunks Enlisted Member 0 Rep 49 Posts Drives: 93 honda accord Join Date: Mar 2008 Location: oklahoma city iTrader: (0)	wow amazing how an hours woth of convo has all the sudden disappeared...and i really think that is dooma but tmo
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03-26-2008, 01:15 AM	#1087
AYF82M4 Second Lieutenant 67 Rep 200 Posts Drives: MG F80 M3 ZCP Join Date: Mar 2008 Location: Los Angeles, CA iTrader: (0) Garage List 2008 BMW M3 Sedan [0.00]	Yes, its me. Im sorry for the mistakes. I do agree that grammar and punctuation is something I am usually anal about. But in this case, I wrote a long post, only to have it accidentally erased. Boy does it suck having to retype a long post you already wrote once.
	Appreciate 0

03-26-2008, 01:18 AM	#1091
-RAC Enlisted Member 2 Rep 35 Posts Drives: 996 C4 Join Date: Mar 2008 Location: somewhere iTrader: (0)	So are things not going well for this deal?
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03-26-2008, 01:24 AM	#1092
RX7owner New Member 0 Rep 9 Posts Drives: Buncha 3rd gen RX7's Join Date: Mar 2008 Location: New England iTrader: (0)	Ken, there's a book here waiting to be written...
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03-26-2008, 01:42 AM	#1099
AYF82M4 Second Lieutenant 67 Rep 200 Posts Drives: MG F80 M3 ZCP Join Date: Mar 2008 Location: Los Angeles, CA iTrader: (0) Garage List 2008 BMW M3 Sedan [0.00]	OK, I admit to being under a great deal of stress, as I cant even post links correctly right now. http://www.journalstar.com/articles/...e060113124.txt This is what i was referring too. The remark on bloggers having too much time on their hands is where I think they dont get it.
	Appreciate 0