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

[aznshrek88]

If BMW backs out of this it will be a publicity nightmare...if dooma doesn't get the car in exactly the shape it was on ebay, BMW will surely suffer a HUGE relapse of customers....

It was the dealer's mistake to put it on ebay without reserve, but that's their mistake. If you win something on ebay, it is a contract and contract or not, public pressure and our buying power is clearly more important. If BMWNA doesn't do anything to help or settle this I know I will never buy a BMW again, because a company that treats its customers in that fashion should not be in business. It was a dealer mistake, but just give him the car...you can't always be in the green while doing business and the 2k hit from this or If there is ANY hit whatsoever is better than losing so many customers.....this thread is NUTS over 500K views now and reads like a book.... we're all rootin' for ya dooma!

[AML]

Originally Posted by Laszlo

You’re a genius!

Don't call. Of course we want them to be pressured into getting it right, but we'd be hurting Ken's case by doing it directly by actually contacting them.

[fv17]

Dooma,

I’ve been following this thread from the very beginning. I really wish there was a way to quantify the damage Husker BMW is causing themselves due to the bad publicity and animosity created as a result of their own greed and lack of professionalism (to say the least) in handling this matter.

At the very least all the bad karma will catch up to these clowns I’m sure….

Anyway, just thought I join in to voice my support.

[ideliver]

Originally Posted by dooma350

I was told to arrange to make the deposit with Fil Catania at the dealership today (and was given a 4 hour deadline). To my dismay, Fil Cataniam, the GM, used my call as an opportunity to berate me, telling me CSNBC, etc.,. etc., were calling the dealership again. In my call to him, he also refused to take my credit card! In essence, he has rejected the deal corporate counsel for the parent company had worked out with my lawyer last night.

Never underestimate the stupidity of your fellow man.

Contrast this with the comments of Phil in the local paper.

Un-efen believable

Best wishes to Ken...you are 110% in the right here...keep the moral highground and show the world the underbelly of scum bag car dealers like the "Fil" at FUster Lincoln BMW

[omerfar23]

Originally Posted by AML

Don't call. Of course we want them to be pressured into getting it right, but we'd be hurting Ken's case by doing it directly by actually contacting them.

I agree do not call them directly it won't have any substantial affect but call someone who can expose these sleazy bastards in pubic domain like newspaper or any media outlet. Hell call the mayor's or city council's office in Lincoln to get some attention. That will teach them a nice and very expensive lesson.

Better Business Bureau
www.bbb.org

3633 O St # 1
Lincoln, NE 68510
(402) 436-2345

Lincoln Mayor's Office
www.lincoln.ne.gov

555 S 10th St # 208
Lincoln, NE 68508
(402) 441-7511

[toddy33]

Y'know, the funny thing to me as I step back for a moment is just how compelling all of this is for its own sake.

I have no ax to grind at all...matter of fact, I got truly outstanding treatment from the Internet sales department of the dealer I dealt with for a new Lexus just two months ago...they quoted honestly and fairly between invoice and MSRP, paid me KBB for my trade, and I even was greeted with a slightly better interest rate and lower payments when I actually showed up at the dealer. Before that for the last 10 years, I've been dealing with a local Saturn dealership that is truly above and beyond stellar in all its dealings.

In short...I've had nothing but happy experience with car dealers.

Yet, I find myself almost biting my nails and wearing out my F5 key here. I genuinely care about what happens to an obviously nice guy, and I am blown away by the sense of community surrounding this place. Something very positive is going on here.

[bmw-m6]

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.

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

they wanted you to assist in defusing the situation ! pppuhhhleeasee !! you made an honest point, and the wrath that stirred was the emotion from every one of us....and any one of us could've been in such a situation.

they caused the trouble, and now they expect to list you as a reference ? garbage. they lost their reputation, regardless of any past successful sales, and *THEY* should be the one to work to get any trust back.

getting into legal battles isn't ever fun, but know that *MANY* of us have your back bud !!

if you want to make it easier for both parties, you should only agree not to add any more disparaging remarks other than what was said already, aside from an overall summary of your negative-in-every aspect experience.

and their comment of bloggers having too much time on their hands...Boohoo, cry me a river, for them thinking they could do that to another victim without consequence....this guy's from a few states over, he aint gonna do nothing. bloggers weren't posting about something irrelevant...this was consumer awareness, its as simple as that.

if they have the nerve and audacity to make demands, so should you....wavering of fees, bmw authentic extras. thats only fair.

[Revin9k]

back on autoblog...for the 3rd time!

[david @ eas]

Wow... this thread is amazing... I cannot believe how crazy this has got!

[ganjadude]

Originally Posted by Elisabeth

Your Dealer Contact
Name: Adriann Summers
Department: Administration
Email: acrowder@huskerautogroup.com
Phone: 402-479-7502
Fax: 402-479-7652


Just use the area code 402 number and a cell phone. Many fine providers, such as Sprint and Verizon, give you free long distance, so you may clog the lines and answering machines to your content! I'm sure other numbers are readily available on their site as well.

do NOT do this, dooma has asked us on many occations to STOP with the phone calls

[MoreA4]

Stay With It, VW Vortexers are pulling for you!

[AML]

Originally Posted by Revin9k

back on autoblog...for the 3rd time!

Daaaang!!

[BritBoy]

Originally Posted by Elisabeth

Your Dealer Contact
Name: Adriann Summers
Department: Administration
Email: acrowder@huskerautogroup.com
Phone: 402-479-7502
Fax: 402-479-7652


Just use the area code 402 number and a cell phone. Many fine providers, such as Sprint and Verizon, give you free long distance, so you may clog the lines and answering machines to your content! I'm sure other numbers are readily available on their site as well.

No! No! NO!

Dooma has specifically requested that nobody does this!

You will be harming his case!

[darkblade06]

I will say it again....


We should not do anything that Domma has told us not to, he said not to make calls. Because it could possible do damage to him as well.

So be patient and wait for the update.

[bmw-m6]

Originally Posted by Triple-Net-Automotive

Malibu Bimmer,

I am not a lawyer and wasn't trying to give legal advice, I was just stating my opinion like hundreds on this blog.

Let's look at this from a different angle; if a dealer advertised a vehicle on a 3rd party website (Cars.com Autotrader, eBay...) for $16,985 and he intended the price to be $19,985 or let's say had a $199 lease in a newspaper ad instead of $299, which happens a lot, this dealer is NOT obligated to honor this price, they simply need to get a retraction letter from the newspaper or that 3rd party website or just claim it was a human error beyond their control. In the case of the $16,985 vs. $19,985 discrepancy most dealers will discount their cars beyond the $19,985 and sell it for cost just to make the customer happy.
The BMW dealer is selling this car for dead cost, this is on a vehicle that commands thousands above MSRP. I believe this is enough of a penalty!

I believe that the law, internet or otherwise must have provisions to protect businesses from such human errors, as long as they are just errors and not malicious and intentional consumer fraud.

If Dooma wins in court, I am afraid this will set a bad precedent and will make dealers weak and turn them away from Internet advertising.

Dealer profit margins shrunk 50% or more in the last 10 years due to the Internet, these people are out there providing a service, working 50-60 hours a week. I agree that some of them have shady ways of doing business but let's stop trying to make a buck off a dealer's ignorance and mistakes and let's try to move forward in good faith !

(I didn't read all 53 pages of this blog and I'm not sure what the status is, I am also not trying to give legal advice, I am not representing the dealer, last thing I want is a blog about me, I know you guys have lots of time on your hand !!!)

Anthony.

That's no excuse, saying that it will hurt sales from internet. you reach A LOT more ppl than just your immediate local area. if anything, it will make sure managers are doing their job and making sure there are no "mistakes" beyond human error (despite them finding errors and editing them, and again, don't tell me it was only the internet manager's fault...the main manager isn't following up on his inventory ?).

we're not gonna torch their dealership....yea, mistakes are made, but compromises are made also. they wanted to play hardball, using their perceived muscle....what they got was a reality check.

dealer margin profits in decline .... sometimes is what the market will bear, and recently the economy not so good....ppl aren't out buying houses, so they obviously aint gonna by cars in a shaky economy, wondering if their job is gonna get outsourced next week.

salepeople are providing a service, and good, honest service will be rewarded with repeat sales. this dealership didn't and got what they asked for.

[rainsux]

Gang! Uh um, GANG! <clink> <clink> <clink> G A N G !!!

This incident of BMW sales idiocy is begging to be VERB'd and a permanent
part of the BMW/internet lexicon.

HUSKER'd ain't right. It's a fine school and team that ought not be burdened
by this shameful incident. Ditto for: LINCOLN'd - fine town, better President.

FIL'd is an obvious choice. It's also a unique enough name to be VERB'd.

402'd ... the area code for Lincoln, NE & is the web status code for
"Payment Required" I'm kind'a ambivalent about this one too.

Whaddya got?

-doug

[dtp_jr]

I browse this site often but decided to finally register to show my support for Ken. I am amazed at what you are having to go through just to get the dealership to do what they are legally obligated to do. Anyway as someone who has dealt with a shady dealership, I appreciate you fighting back and holding them accountable.

[bmw-m6]

Originally Posted by corsa

This is definitely becoming one of the most viral stories of the year, after reading through the (at the time) 40 pages of the thread, it was also blogged about over at www.motortopia.com.

I live in Lincoln, and I do not have any first-hand experience with the current incarnation of Husker Auto Group.

However, its prior incarnations, when it was "Park Place" and before that "Misle", had horrible reputations around here. It seems almost everyone you talk to in the area had horror stories about Misle and Park Place. Definite shady dealings going on in those days.

Supposedly, when they moved to their new (current) location and became Husker Auto Group, they cleaned up their act. But with this current situation, I'm not so sure.

The interesting thing, I stopped by their showroom on Saturday, before I had heard about this, to check out the new 1-series in their showroom, and I saw this very M3 sedan on the showroom floor.

I hope everything works out okay for dooma350!

they probably moved into a new showroom from all the profit, i mean rip-offs they got off of customers' backs.

[Chowbow]

Best of luck to you Dooma. Just caught onto this thread and read most of it. I'm glad you're sticking to your guns, you're not just trying to get your car now but you're representing the rest of us who sometimes deal with dishonest car dealers.

[prrbill]

Ken,

When Fil rejected your credit card, he broke the legal agreement that both lawyers had reached. You have also now incurred personal expenses far beyond normal not to mention whatever legal fees you will be charged. I'll assume you didn't get a free trip from California to Nebraska and that you're not independently wealthy so why should you pay? I think it's time for the next step on your part.

I would now also have a very difficult time accepting that specific car from them. How will you know that the car is still in a "new" state?

Best of luck,
Bill

[yosemitemtb]

I'm curious how many of the BMW fans out there will be considering other brands if the original poster comes up short on this? I've read many posts debating whether this is a BMW NA issue or just a dealership problem, what if BMW NA doesn't eventually step in and help resolve this in Dooma's favor?

[kart339]

Originally Posted by Elisabeth

Just use the area code 402 number and a cell phone. Many fine providers, such as Sprint and Verizon, give you free long distance, so you may clog the lines and answering machines to your content! I'm sure other numbers are readily available on their site as well.

Just so everybody is in the loop - Ken requested everyone who is following this thread to refrain from calling or emailing the dealer.

Ken - Like someone else mentioned - hope you have a witness to Fil's response when you called. I wouldn't consider anything too low for those slime balls.