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

[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.

[mkoesel]

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]

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]

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]

So are things not going well for this deal?

[RX7owner]

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

[mkoesel]

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:

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?

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]

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]

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]

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]

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]

Originally Posted by MalibuBimmer

I concur. And his lawyer, too!

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

[dooma350]

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]

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

[jiggax23]

does anyone know if any of huskers prior auctions have had reserves set on them? because if they did, its plain and clear that the "mistake" card they're playing is an obvious lie.

[acidtrunks]

Originally Posted by jiggax23

does anyone know if any of huskers prior auctions have had reserves set on them? because if they did, its plain and clear that the "mistake" card they're playing is an obvious lie.

yes they have...but ut seems all of their active auctions have vanished

[mkoesel]

Originally Posted by acidtrunks

yes they have...but ut seems all of their active auctions have vanished

They were probably getting vandalized with fake bids and bombarded with hate in the comments.

[Los Angeles]

Originally Posted by mkoesel

They were probably getting vandalized with fake bids and bombarded with hate in the comments.

I wouldn't doubt it.

[acidtrunks]

Originally Posted by mkoesel

They were probably getting vandalized with fake bids and bombarded with hate in the comments.

id say so...or it could be ebay removed their selling privledges(permanently or til this clears up?) you know how to tell?

[-RAC]

Originally Posted by dooma350

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.

I agree, they just don't get it is a new era. They are still playing games and counting on the uninformed buyer. Walking up on their lot while going out to dinner and just buy the car without doing any homework. Those days are changing.

The better dealerships are using the internet in the right way. I am currently shopping around for a new car. And what I have found is that the internet guys are so much better to deal with then walking onto the lot and dealing with the sales lizards guy. At the better dealerships the internet guy cut right to the chase and is strait forward with the price. No stupid game. Again not at all the one I have dealt with but it is really clear who the better ones are.

Out of the five BMW dealerships here in Colorado only one was great to work with. The guy in Colorado Springs did it the right way. Offered a fair price and was up front with all the pricing. Did not play games.

[Geeky1]

Originally Posted by stickypaws

It's really great to hear that Ken may get his M3. I started following this a few days ago when it first started.

But when I look at the dealer's photos I see the engine compartment has a lot of sloppy stuff going on. When I bought my 330i new in 2002 the engine was super clean/brand new.

With Husker's pics I see what looks like some sort of fluid spills (circled in red) And there is some white stuff on the paint (maybe salt from the road?) inside the hood.

You would think that a showroom floor vehicle would be spotless. Am I imaging this? Am I crazy? Yes, I realize there's the factory warranty but why isn't it spotless?

From what I can see in the pictures you posted no, you're not imagining the fluid spills, and no, you're not crazy. Those clearly appear to be spills.Does that mean that they are definitely, unquestionably, spills-or for that matter, spills of important fluids? No. Somebody could've detailed under the hood (why, I don't know, but since it was on the showroom floor and being an M car people would be more likely to pop the hood, it's possible), and they may just not know how to use a bottle of Armor All or something, and the excess is just showing up because of the lighting and angle of the pictures. Without looking at it in person it's hard to say. EDIT: The more I look at it, the more I like the Armor All theory. The "spill" on the driver's side of the car is on top of the air box. I don't see what anyone could be topping off or playing with in that area. Like I said... There's no way of knowing for sure, but the more I look at it the more I think that someone got overzealous trying to make it all shiny. It still qualifies as a spill, just not necessarily of a vital fluid The road salt, I don't know. It doesn't snow here.

The ebay auction did show an odometer reading of 13 miles iirc, but I don't know what new BMWs are delivered with (every one built at a specific factory should be exactly-or very, very close-to the same, I'd think).

I don't think that the pictures are sufficient evidence to say that there's any kind of foul play involved. Is it conceivable? Yeah, sure. It's also conceivable that when I go out my front door to go to work tomorrow there'll be a new 911 GT2 parked behind the STI with my name on the title and the keys in the ignition. Conceivable, but not likely.

[bdaw]

You're in good hands dooma350!!!