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      03-23-2008, 06:17 PM   #199
bolmedias14
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I think Mooseman's now into the region of:
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      03-23-2008, 06:20 PM   #200
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It does not matter if the words "No Reserve" were in the auction title or subtitle of the listing! It's quite obvious that the dealer was banking on a bidding frenzy that never happened, that's all!! Look at their feedback, they are not eBay novices.
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      03-23-2008, 06:22 PM   #201
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Dooma, I posted the link to this forum on the my.is site. The more people know the better.

Are you on that forum, anyways?
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      03-23-2008, 06:23 PM   #202
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I called a friend of mine who works for a local news station here in South Florida. He agreed with me and said to contact your local news station. They can provide a large spotlight on this issue, QUICKLY, which can help you get your car before the dealer ship sells it pulls some other nonsense.

Good Luck getting your car.

These people have some balls.
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      03-23-2008, 06:23 PM   #203
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Wink

Quote:
Originally Posted by bolmedias14 View Post
I think Mooseman's now into the region of:
The irony of that picture is thick. Grolsch is basically Dutch Budweiser. You need to get out more often.

Using Photobucket adds some sweetness to the irony. Can I haz phree howsting?

I'm flame retardant, being a big boy, so flame away. Just don't take it personally when I shoot back.
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      03-23-2008, 06:24 PM   #204
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it did not say 'no reserve' in the listing, as far as I can see...

regardless, they will contend they did so by 'mistake', he'll have to prove otherwise...

and obviously it was a mistake, or they would sell the car...
why else? to 'lure' people in? why not set a reserve right below the BIN then?
because they made a 'mistake'...or error in judgement, not willful negligence or deceit...try proving otherwise...

to sue, you must prove damages, he incurred none...not being able to buy something is not a damage, it cost him nothing...

he'll have to prove their contention of mistake is wrong...good luck with that...

this nothing more than a computer age mis-advertised price case...
and law says when that happens it does not have to be honored...

it's just the way it works...fair? who knows...

Quote:
Originally Posted by rickc View Post
NO RESERVE was intentional, comprende??
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      03-23-2008, 06:25 PM   #205
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> Michael Barett

I'm wondering if the dim bulb in Lincoln, NE happens to be the Michael Barrett
that once worked for BMW USA?

http://www.linkedin.com/pub/5/99b/89a

Additionally; It seems that Fil Catania's career is a bit of a question mark.
Coggin Automotive in FL was a much bigger operation than Husker in NE. I am
beginning to wonder if both these guys' careers are in decline ... and if so;
why?
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      03-23-2008, 06:26 PM   #206
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Quote:
Originally Posted by Garissimo View Post
No. The dealer titled the auction at "Lowest priced M3 on eBAY - NO RESERVE!", or something to that effect. All the evidence available says the dealer knowingly offered the car at a low starting price to try to "bait" people into the auction.

I understand your counter-argument, but there is nothing to indicate the dealer made a mistake. They are simply try to reneg on a deal and screw the buyer (dooma350).
no he did not, LOOK at the listings title...
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      03-23-2008, 06:29 PM   #207
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Quote:
Originally Posted by M308CAH View Post
I called a friend of mine who works for a local news station here in South Florida. He agreed with me and said to contact your local news station. They can provide a large spotlight on this issue, QUICKLY, which can help you get your car before the dealer ship sells it pulls some other nonsense.

Good Luck getting your car.

These people have some balls.
may, or may not help...

if the dealership spends big ad $$$, they won't touch this, they know who butters their bread...

especially after their legal tells them this is a non-case, only a mistake...
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      03-23-2008, 06:30 PM   #208
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The dealership had a legally binding contract to sell to the buyer. Period. End of discussion. It is no different than if it he went to the dealership, they agreed on $60K, both signed the sales order, and then the dealership backed out.

This mistake stuff is BS. They should have had a reserve price. Period. They chose not to. Mistake or not, THEY ENTERED INTO A CONTRACT.

I'm not an attorney, I have no idea what, if any, damages could be had or how a court could compel the dealership to honor the contract. Perhaps one of the many readers/posters is an attorney and can comment?
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      03-23-2008, 06:31 PM   #209
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Quote:
Originally Posted by acidtrunks View Post
im sorry man but you are wrong,if this was barrett-jackson they would be all over this seller,by them having past successful sales on ebay they obviousley understand the system,and by adjusting the buy it now,they knew there was lack of interest,they held it to the last minute hoping someone would make the magic bid and save their ass,they could have removed the auction before it ended but they didnt,so bottom line he won the auction,he deserves his car for 60K thats part of the risks of participating in THE LOWEST PRICED M3 ON EBAY....In the end it really turned out to be that huh?
Except that if you sell a car on Barrett-Jackson there are signed copies of legally binding contracts. I can't say for 100% sure, but I fairly certain that clicking "accept" on a web page has been less than a solid form of making a legal declaration, hence the need for actual signed contracts even today.

It is no different if a buyer clicks "Buy It Now" then backs out. The only recourse is with eBay, not legal. But, it doesn't detract from the issue that it was very likely an honest mistake, and now everyone wants to crucify the poor bastards.
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      03-23-2008, 06:31 PM   #210
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Quote:
Originally Posted by acidtrunks View Post
every single forum ive checked today this is it,autoblog motortrend this is blowing up in their face big time,i say suck it up butternuts,u screwed up give the man his car,60000 is nothin to laugh at
The amount of new members that have signed onto M3post to comment is SICK, just SICK. In two years of being a member of here and e90post I have never seen anything like this ever. The response is just sick.......unbelievable. This is so cool..........
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      03-23-2008, 06:32 PM   #211
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Mooseman, mooseman, mooseman.

Please do read this:

http://feedback.ebay.com/ebaymotors/...d=230233277471

Notice the negative comment. Now two things:

a) Strongly evident, given that comment, this situation here was not a mistake
b) With respect to that then, and your earlier comment about that "what goes around comes around", well it seems that is exactly what is happening now to this dealership. So its time for them to man up and swallow this poison down, as they have demostrably brought it right down upon themselves.

Stick around mooseman. You are intellectually strong enough to see why you are wrong, and you will learn. This even if a lifetime of being a samaritan has left you just a touch bitter <- something for which I genuinely do pity you.
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      03-23-2008, 06:34 PM   #212
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Quote:
Originally Posted by erdoran View Post
The dealership had a legally binding contract to sell to the buyer. Period. End of discussion. It is no different than if it he went to the dealership, they agreed on $60K, both signed the sales order, and then the dealership backed out.

This mistake stuff is BS. They should have had a reserve price. Period. They chose not to. Mistake or not, THEY ENTERED INTO A CONTRACT.

I'm not an attorney, I have no idea what, if any, damages could be had or how a court could compel the dealership to honor the contract. Perhaps one of the many readers/posters is an attorney and can comment?
that happens sometimes: the law allows them to reposess the car and refund the $$$, do some research....

most states have laws that allow a buyer to return a vehicle within 3 days...it cuts both ways...
because they made a mistake or error in judgement buying it...
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      03-23-2008, 06:34 PM   #213
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-The auction on this M3 was started on Mar-17-08 16:42:59 PDT.
-On Mar-17-08 18:11:17 PDT the dealer made changes to the Details of the vehicle.
-On Mar-18-08 16:42:50 PDT the dealer changed the Details yet again and changed the Buy It Now Price as dooma said.
-On Mar-19-08 09:25:57 PDT the dealer changed Description, PictureURL: Pictures Added/Deleted, Gallery, Buy It Now Price, Details

These things we know for sure. Now how the heck can one monitor an auction, make changes to the Buy It Now Price twice, two days in a row, and not notice there isn't a reserve set if it wasn't done intentionally?
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      03-23-2008, 06:36 PM   #214
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Quote:
Originally Posted by e46e92love View Post
The amount of new members that have signed onto M3post to comment is SICK, just SICK. In two years of being a member of here and e90post I have never seen anything like this ever. The response is just sick.......unbelievable. This is so cool..........
I posted a link to this thread from mymbonline.com, a Mercedes-Benz forum.
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      03-23-2008, 06:36 PM   #215
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Thumbs up

Quote:
Originally Posted by mkoesel View Post
Mooseman, mooseman, mooseman.

Please do read this:

http://feedback.ebay.com/ebaymotors/...d=230233277471

Notice the negative comment. Now two things:

a) Strongly evident, given that comment, this situation here was not a mistake
b) With respect to that then, and your earlier comment about things "coming back around", well it seems that is exactly what is happening now to this dealership. So its time for them to man up and swallow this poison down, as they have demostrably brought it right down upon themselves.

Stick around mooseman. You are intellectually strong enough to see why you are wrong, and you will learn. This even if a lifetime of being a samaritan has left you just a touch bitter <- something for which I genuinely do pity you.
Bitter? Heck no, just the opposite. I just want to be the one guy who sticks up for the poor guy when the rest of the world reigns derision down on him. Call it a morality play. Check our calender and you might get the gist.

Some crazy shit about forgiveness, love for your fellow man, etc.
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      03-23-2008, 06:37 PM   #216
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Quote:
Originally Posted by ArtPE View Post
it did not say 'no reserve' in the listing, as far as I can see...

regardless, they will contend they did so by 'mistake', he'll have to prove otherwise...

and obviously it was a mistake, or they would sell the car...
why else? to 'lure' people in? why not set a reserve right below the BIN then?
because they made a 'mistake'...or error in judgement, not willful negligence or deceit...try proving otherwise...

to sue, you must prove damages, he incurred none...not being able to buy something is not a damage, it cost him nothing...

he'll have to prove their contention of mistake is wrong...good luck with that...

this nothing more than a computer age mis-advertised price case...
and law says when that happens it does not have to be honored...

it's just the way it works...fair? who knows...
First off, get an eBay for dummies book, throw some popcorn in the microwave and read the chapter on Reserve Price. Sellers are not required to state "NO RESERVE" anywhere in their listings. This is an option the seller toggles either "on" or "off" while setting up the listing. When a buyer views the listing, the buyer can easily tell by looking at the main (top) part of a listing if there is a reserve price or not set by the seller. Once again, it does not need to be stated anywhere in the listing, some buyers choose to state "NO RESERVE" in their listing merely to draw more attention.

Second, he has a strong case because this was an auction. This is not an ad in autotrader or some newspaper classified section. This was eBay. The seller knew exactly what he was getting into and lost. That's the bottom line.
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      03-23-2008, 06:38 PM   #217
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Quote:
Originally Posted by mooseman View Post
Bitter? Heck no, just the opposite. I just want to be the one guy who sticks up for the poor guy when the rest of the world reigns derision down on him. Call it a morality play. Check our calender and you might get the gist.

Some crazy shit about forgiveness, love for your fellow man, etc.
Then you'd be on the side of the little guy the dealer is trying to screw.
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      03-23-2008, 06:42 PM   #218
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Quote:
Originally Posted by yacoub View Post
Then you'd be on the side of the little guy the dealer is trying to screw.
No one has yet to explain to me the actual loss in this situation. No earnest money was exchanged. They didn't FedEx the guy the signed paperwork, then back out.

So, how did he get screwed? I honestly really am trying to understand what his actual loss is. Someone, please, put it into language I can understand, in small one syllable words, I am from Tennessee.
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      03-23-2008, 06:44 PM   #219
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mooseman, let me give you a proper introduction to our boards..........:finger:
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      03-23-2008, 06:44 PM   #220
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Quote:
Originally Posted by mooseman View Post
No one has yet to explain to me the actual loss in this situation. No earnest money was exchanged. They didn't FedEx the guy the signed paperwork, then back out.

So, how did he get screwed? I honestly really am trying to understand what his actual loss is. Someone, please, put it into language I can understand, in small one syllable words, I am from Tennessee.
A deal is a deal.

Simple enough?
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