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

[bradbmw]

Keep us posted. It's been an interesting and exciting story to watch develop. We're heading into ACT II, so make sure you keep us posted or we'll hunt you down and make you finish the story you've begun.
Congrats and best wishes!!!
We demand PHOTOS! Show those pearly whites along side ya new car!

BTW...don't let them buy or condition your silence in order to seal the deal. If you do, a lot of us will be kinda miffed at you.

[acidtrunks]

Originally Posted by PMKN_PI

Here is the scumbag sodomite rat amateur car salesman's 2 most active myspace accounts...add him as a friend, wont you please?

http://profile.myspace.com/index.cfm...ndid=276441582
http://profile.myspace.com/index.cfm...ndid=152937794

i love how his url is myspace.com/carcloser069....
cause im sure he had a part in closing this deal...but on the lighter note the power of the internet has worked,these ppl have realized their errors and (are hopefully) in the process of correcting them,so lets leave their personal lives alone...kinda screwed up to take it that far as this whole thing is just a deal that went south,its not like he insulted doomas mum or anything

[Doesn't Drive]

Originally Posted by PMKN_PI

Here is the scumbag sodomite rat amateur car salesman's 2 most active myspace accounts...add him as a friend, wont you please?

http://profile.myspace.com/index.cfm...ndid=276441582
http://profile.myspace.com/index.cfm...ndid=152937794

We can call off the Dogs of Lolz now

Seriously, let's not screw this up for OP by bearing a grudge against the dealership.

Edit: Although some of his friends on his MySpace page have nice profile pictures (With all the caveats about how accurate those can be)

[0.02eurocents]

Glad to hear the consumer won.

It was hard to imagine any other outcome, given the amount of pressure that built up so quickly.

However, I have just regged my account while doomer was posting with the resolution and I guess I'll throw in my two cents now anyways...

As you see from my profile, I am neither a BMW driver (they are just too expensive around here, and not exactly beauiful in my eyes), nor local to North America but common sense would have me do the following...

- Archive EVERY communication, even now that the situation is being resolved. The US dealership seems to be an extremely shady business to me, and with the BBB history of this company/corporation I'd fully expect them to pull further dirty tricks.

- I bet these "certain conditions" will require you to sign a "must not talk"-agreement that forbids you to bring this issue up publicly even if you are just stating the facts. We all know hos futile this is, now that the whole thing has hit the web big time, but lawyers have a special way of thinking, and they might be so peeved off that they might follow your postings on forums and sue you at the slightest mention if this whole clusterfuck ro recoup some money or just to be pricks.

- In that regard, if I were you I'd arrange for two things on pickup: have an independent expert with you and bring a local lawyer too. The lawyer because of the above point I mentioned and because they will probably have at least two people of their legal team present during pickup/negotiation of "conditions". Have that lawyer go over everything you are requested to sign. Also, have the automotive expert check the car thorougly, maybe even on the lifting ramp. Document everything.

I am not an automotive buff, and I don't know about the warranty / consumer protection laws in the US. Can you take your to any local dealership to have warranty repairs done or are you tied to that dealer once you buy from them? I think it might be easy for them to manipulate the car in some way (i.e. changing the software to ramp up your mileage/g) or worse. If the warranty is short or tied to that dealer they might just shrug at your repair claims and say "Hey, it's a brand new car, first wave of manufacturing, there are bound to be problems."

This is what comes to mind when I think about all this. I think you had a good streak of luck with the winning bid and the fact that half of the internet and their dogs went nuts about this, so it might be wise to invest a few hundred bucks into the auto expert and the lawyer to prevent any further problems down the road.

That said, I have to congratulate the admins. I would have expected the forum to go down at some point, but it seems your provider handled the peaks well. I'd love to see the bandwidth graph too, that must be an awesome peak.

If I were an admin around here (and if the software allows for this easily) I'd consider "cloning" the thread and stripping the clone of all the posts that are just "Hooray Doomer" or "+1, posted just to subscribe"). Keep the detailed descriptions of circumstances and all the sound advice that was given and any updates the OP might post as things resolve and lock that thread so it can serve as a solid and juicy guide to anyone who might run into the same problem but has no time to read the 30+ pages of posts.

Keep us posted, doomer. It's gonna be interesting what they require in terms of conditions.

[aljlin]

saw this thread on a couple pages (autoblog, autospies, ... etc) and thought finally to post.. Read every single post! It's really insane that it's gone this far, and that they would do such a thing, but it says a lot that so many people have chimed in support.

Congrats on the latest update, glad they are at least going in the direction you want, but hopefully their "certain conditions" aren't unreasonable. I think if anything, make sure you have the price and "certain conditions" written down on paper... Make sure you have them write the specifications of the car, condition, and the price and any additional cost that they are adding on (that 300 documentation fee and what else - the options that were added to the car ... etc.. ) and the conditions they are attaching to the deal and have them sign it, and then fax/overnight copy of it to you to sign and so that if something goes sour, you have written proof of what you have agreed upon. It's more work, but better be safe than sorry from a group who have shown in the past that they are a little shady, even if they are finally starting to correct their wrongdoings. I hope for the best for you, and glad things are starting to turn your way. Keep us informed, as we'd like to hear more updates about the situation until you get your car, because until then, the whole situation is still up in the air, at least until everything is signed for and agreed upon...

Congrats again!

[UltimateBMW]

[QUOTE=LilRedGXP;2356157]

Originally Posted by UsedCarSalesmanwCombOver

Is it just me or is it odd that BMW NA/Parent did not chime in? No official statement or does anyone know whether they applied pressure on the dealer to make good? I would hate to find out afterwards that the factory gave the dealer the money (difference in $) to make the problem disappear.

In any event, gratz on getting the "almost" car of your dreams - you can always repaint it.

We all want to see that smiling mug upon delivery when you have the keys in hand. Keep us posted.

LilRedGXP

P.S. I wonder what the conditions are... you promise not to tell anyone the deal that you got.

The situation has been for the most part concluded fairly quickly. Lasting only over a holiday (Easter) weekend. It usually takes a few business days for the news to really reach any broad Corporate business. Even a bit longer to get any sort of comment or statement out of them.

[ErichPryde]

congratulations- I read through the entire thread here after a link to it was posted on the 8thcivic boards. I was shocked that the dealership would willingly throw themselves into the fire, but I'm glad to hear that they are trying to "make right" the situation now.

Making it right or not, they shouldn't be able to put any conditions on this sale. They owe you numerous apologies- not the other way around. I'd love to see this through to the end and I'd love to see a list of their "conditions."

This dealership destroyed their credibility completely- I'm not sure that they actually understand just how much damage they caused themselves. Even if they were to totally make the situation right (if they're trying to list "conditions," I doubt this is the case), they'll probably lose a significant amount of business.


absolute best of luck to you- You've got them by the throat- don't let go until you get exactly what you want.

Originally Posted by JudgeHolden

I don't see how morals fit into this, although certain people bring them up. I'd say it looks like the following occured:
3) Dealer screws up. Despite ebay saying, many times, to note the difference between "buy it now" and "reserve," some nitwit screws up. Instead of putting a reserve at their invoice, they do a buy-it-now.
4) They never cancel auction.

I believe these points are inaccurate.

For point (3), you cannot withdraw an item from EBay once you have received at least one bid.
For point (4), I don't think this was a screw-up or confusion or anything like that. It was an attempt by the dealership to avoid the reserve fee of 1%: http://pages.ebay.com/help/sell/fees.html ... I believe this reserve fee is charged even if the item didn't sell. So the dealership took a gamble, lost, and then wanted to welch on the terms of the deal.

[nmulax]

Just offering my support. I had already forwarded the story onto both ABC and NBC in Phoenix.

Glad to hear things seem to be coming to a close, we want to see pics once you take delivery.

[acidtrunks]

Originally Posted by Mateo

I believe these points are inaccurate.

For point (3), you cannot withdraw an item from EBay once you have received at least one bid.
For point (4), I don't think this was a screw-up or confusion or anything like that. It was an attempt by the dealership to avoid the reserve fee of 1%: http://pages.ebay.com/help/sell/fees.html ... I believe this reserve fee is charged even if the item didn't sell. So the dealership took a gamble, lost, and then wanted to welch on the terms of the deal.

i dont know this for a fact but the overwhelming majority on here is saying that if you cancel all active bids,you can then close the auction at your discretion...could be just completley wrong though

[Gene Towne]

I registered to add what support I could, including a nastygram earlier to Husker Auto in Lincoln. I don't own a Beemer, but my interest in this thread is high.

Now that the situation has been (mostly) resolved, let's hope the "conditions" aren't ridiculous.

Looking forward to an update.

Good job, all!

[Technic]

Originally Posted by dooma350

This morning, BMW of Lincoln has agreed to sell me the car at a price of 60K, with certain conditions.

That's all, folks!!!

Just have your lawyer present when you discuss the "certain conditions"... always walk softly but carry a big stick.

[UsedCarSalesmanwCombOver]

Dooma,

Maybe if you are lucky, you'll get Jackie Johnson of Ch. 9 to interview you and then you can take her for a ride in your new M3.

[DJPoop]

Originally Posted by dgb2

I would love to hear what the practicing attorneys that previously commented in this thread would have to say about that.

It's been a few years since I was in my Business Law course, but I believe that when the dealership called Dooma 15 minutes after the auction stating they would not sell him the car they broke the contract at that moment. That would mean that Dooma doesn't need to worry about a down payment in 24hrs or even full payment in 7 days at this point as there is no contract in existence at the moment. The issue at hand is that the dealer backed out of the contract illegally and must reissue the same offer, at which point I believe the 24hrs/ full payment in 7 days conditions would come back into effect.

You're business law class taught you well. That's exactly right. The dealership breached the contract when they called him and rescinded. From the OP's last post, it seems they're now trying to work it out with him, which would entail them entering into a new contract, as this one was already terminated after the dealership's first call.

EDIT - To the OP, enjoy your new M3 and congrats on coming closer to getting this all worked out!

Originally Posted by acidtrunks

i dont know this for a fact but the overwhelming majority on here is saying that if you cancel all active bids,you can then close the auction at your discretion...could be just completley wrong though

Looks like I stand corrected: http://pages.ebay.com/help/sell/motors-end-early.html

In any case, glad it came out for the best.

Some advice, though, Dooma... bring the print-out of the listing and make sure you're getting the exact car that was advertised... not a different model, not a different year, not stripped-down options, and not some off-standard warranty. Also may want to bring a friend or three for witnesses.

[JudgeHolden]

Originally Posted by Mateo

I believe these points are inaccurate.

For point (3), you cannot withdraw an item from EBay once you have received at least one bid.
For point (4), I don't think this was a screw-up or confusion or anything like that. It was an attempt by the dealership to avoid the reserve fee of 1%: http://pages.ebay.com/help/sell/fees.html ... I believe this reserve fee is charged even if the item didn't sell. So the dealership took a gamble, lost, and then wanted to welch on the terms of the deal.

Incorrect.:
Reasons for ending listings early include:

The item is no longer available for sale.

There was an error in the starting price or reserve amount.

There was an error in the listing.

The item was lost or broken.

http://pages.ebay.com/help/sell/end_early.html

[RYANBOZ7]

As far as good deals,that dealer is probably the best on Bmw's for discounting.I talked to several people about buying one in the midwest and they all said to go there.I'm glad they're helping you on this matter and I know what they did,they just put out a starting price on there and thought that several would bid,but that didn't happen.I hope they don't screw with you when you go out there,but they shouldn't after all this....

[jestermx6]

greetings from Lincoln, NE (yes. the home of said dealership)

i'm 22 and have owned 14 cars to date.

including an 88 735i, 87 325is, and a 90 525i.

my family owns an automotive repair and sales small business here in lincoln as well. (been about 25 years now i think)

this made it over to www.starcityracing.com and i just wanted to post up in support of dooma.

glad to see you'll be getting your car after all and please fill us in on the stipulations and conditions of the acquisition of the vehicle.

congrats man!!

[Big Windy]

Originally Posted by JudgeHolden

Incorrect.:
There was an error in the starting price or reserve amount.
http://pages.ebay.com/help/sell/end_early.html

there will probably be another 2 pages by the time i post this, but this is not a factor because they went on the page twice to adjust the reserve and make changes...so there is no way that they can claim that there was an error in the starting price when they made adjustments during the auction and didn't take any action to cancel it entirely before expiration.

OT, but the internet is amazing how so many people know about this now. bmw of lincoln is screwed.

[kingdaviswaco]

Originally Posted by dooma350

Sorry its taken so long to post a update. The site is very slow (understandably). This morning, BMW of Lincoln has agreed to sell me the car at a price of 60K, with certain conditions. I'll be going over the conditions with the dealership tommorow, and I hope to have everything finalized by tommorow afternoon.

But one thing that I would like to make everyone aware of is, BMW of Lincoln is proactively working to correct the situation that they screwed up. And yes, they screwed up big time, no doubt about that.They are trying to do right, so please don't harass the dealership right now. No phone calls, threats, emails or fake sales calls.

That said, I would just like to take a step back for a moment.
The past few days have been insane. Just thinking about what has transpired, leaves you speechless really. How did this thing go from a M3post.com rant to what it became today? In 3 days, the site amassed
650+ comments and 200,000 page views, with people posting from all around the world, lending their support and help. Thats people I dont even know! Amazing stuff, and probably the coolest thing I have ever
been part of, leveraging the internet in a way that I have never seen before. People I have never met, making calls on my behalf, contacting automotive sites, supplying information, just doing anything and everything possible to help out.

Lets do it again sometime, I hope to be there for someone when they are in need.

Thanks guys, there are good people in this world after all.
I'll post again tommorow.

Regards

Ken

YES! Congrats, man. Someday, just for fun, you should take a road trip and see all the folks who were standing behind you on this. (Though it might be hard to drive to Guam and Sweden, ha ha.)


Let us know when you get the keys and please post a pic of the new ride.

[TestSubjekt]

Hey everyone.

I just registered after reading about this on FARK.com. I dugg the story too. I'm just here to offer my support from Toronto for dooma350. I'm only on page 11 of this thread with some 20 pages plus still to read through.

The part that really gets me is the guy laughing at him.

[ideliver]

Originally Posted by PMKN_PI

Here is the scumbag sodomite rat amateur car salesman's 2 most active myspace accounts...add him as a friend, wont you please?

http://profile.myspace.com/index.cfm...ndid=276441582
http://profile.myspace.com/index.cfm...ndid=152937794

for getting the car!!!


I wonder if the saleman's wife knows about this myspace account...did you see the hot girls in his friends list...this poor guy () may be having some problems at home too