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      03-26-2008, 06:51 PM   #1321
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Quote:
Originally Posted by kart339 View Post
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.
talk to your legal counsel.. they have to take the payment, be it Flil to take it or someone mentally capable of.

can you send a cerified check with all the mail add-ons (return receipt, signature confirmation, etcc...).
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      03-26-2008, 06:53 PM   #1322
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It is a good thing Dooma and his lawyer have rejected the ridiculous obligation to deflect public and media attention. Had he fallen for that, this purchase would have turned really bitter for him.
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      03-26-2008, 06:53 PM   #1323
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Originally Posted by fv17 View Post
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.
Remember, this isn't a stand-alone dealership. It seems like the corporate parent, Van Tuyl, can either be the hero or the goat in this whole process.

Spread the word to other dealerships in the Van Tuyl group. See how they like being paired up with Lincoln BMW. My guess is that most, once they find out what's going on, will soon get their "Fil" of the whole mess.

Here's my thought: If the PR damage is limited to just Huskerauto, the parent company can live with that. If it can be shown that Van Tuyl has not exercised good governance over its own dealerships, and the stink spreads to taint the rest of this potentially crooked enterprise (speaking from personal experience and perception), good things may happen sooner rather than later.
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      03-26-2008, 06:53 PM   #1324
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yeah it is a good idea to record or document. Remember to tell them outright that you are beginning to record this conversation.
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      03-26-2008, 06:57 PM   #1325
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.
Michael, your 'version' of the facts is laughably at odds with everything reported on the story to date. Why on earth would Mr. Tanisaka be playing games or stalling the deal? What would his possible motivation be for that? Your rhetoric does nothing to further Husker's reputation and insults the intelligence of everyone on this forum who has been watching this story unfold from the beginning.

Do you have any clue how much bad press this is going to generate for your auto group? You claim your dealer wants to save face and make good on the transaction, yet his actions speak just the opposite. You need to get your act together before your client's reputation suffers irreparable damage.
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      03-26-2008, 07:00 PM   #1326
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.
guy, the dealership refused original payment to allow 24hrs of deadline to pass, then denied payment after mediation. please provide funding for airfare and travel expenses so that buyer can finalize deal in person or something.

oh, and to paraphrase from your similar words

"based on gamesmanship being played by husker dealership, it is not increasingly apparent, but OBVIOUSLY EVIDENT that the dealership is still outright decieving the buyer".

cover his travel expenses with reasonable economy tickets and quality lodging to enable buyer to consumate contract. oh, and don't try to play that "fax machine was down". fix it if it's "broken".
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      03-26-2008, 07:02 PM   #1327
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Hmmmm

A quick Google on "Michael B. Maledon, Esq" does indeed turn up an attorney in Phoenix (where Dooma said the legal counsel for Husker was coming from.) A couple of references also refer to Maledon as working for Van Enterprises, the Mothership for Husker.

So maybe he's for real. Maybe his post is just a ham-fisted attempt at spin doctoring this whole crazy deal. If definitely smacks of entry-level propaganda, given that it states nothing other than the exact opposite of Dooma's account in almost all aspects. It is, in fact, a rather lawyerly way of calling Dooma a complete liar.

Then again, maybe someone did a little more research and came up with Maledon's name and the post is a red herring. Gotta love the 'net. What's real?

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      03-26-2008, 07:02 PM   #1328
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Keep fighting man, M3Forum.com has your back if you need anything. Don't let them trick you into anything!

Oh and be sure to post up pictures all around when you get it.
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      03-26-2008, 07:03 PM   #1329
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Quote:
Originally Posted by zxcasd View Post
i've been reading this thread since page 1, but heres what i've seen :

the BBB IS USELESS.... its a business organization.... not an office of law...... it takes money from its members, all it can do is put a review of the business.... though i dont think everyone buying a car would search BBB for the reputation of that business

the mayor's office, well, u think he's going to put his feet into this mess? not really his problem

the only way to get stuff like this out is via your local news channel's "investigation" team(not working here b/c of business relations), or sites like consumerist.com (done here)........since everything is done, all thats needed is for the other party to act...

lets see how this plays out, i'm on spring break right now...
the mayor will respond. he should be aware of all the dealings in his town/city. so say you're and out of towner, same state or other state, and an incident occurs. you aint gonna help ? if they can easily stiff an out-of-towner, what reassurances to the locals have that if there's a problem, the policital officials will lend an ear and help. ?
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      03-26-2008, 07:03 PM   #1330
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.
bunch of bs!!!
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      03-26-2008, 07:04 PM   #1331
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Dooma, keep us updated!!!!
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      03-26-2008, 07:04 PM   #1332
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.

Yeah, this will help Huskerauto/Van Tuyl build positive PR.

What a maroon! Who's idea was it for the lawyer to post this on an forum?
You lawyers out there, what's the game being played by Huskermoron here? Why would a lawyer post such antagonizing crap like this on a BLOG FORUM???
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      03-26-2008, 07:06 PM   #1333
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Quote:
Originally Posted by Michael Maledon View Post
Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction.
If this was truly the case, I would have to believe that the car would be sold by now and it would not have come to this. The fact that dooma has gone ahead and obtained legal counsel himself seems to suggest otherwise.
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      03-26-2008, 07:06 PM   #1334
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Quote:
Originally Posted by gundamfans View Post
Now what, Husker trying to clarify things? It doesn't help that Husker is already accusing and blaming "Tanisaka is more out for the publicity than to buy a BMW". What a way to treat a customer.

I don't think Ken would have asked his lawyer to write a legal letter regarding Fil Catania refusing to accept his credit card if it did not happen. In addition, also Catania is not following instructions on the deal agreed between Ken's lawyer and BMW NA corporate counsel.

Ken also indicated his refusal to talk to Husker dealership because of the way Catania treated him, refusing to accept his form of payment.

And ultimately, why is a Husker employee writing about this whole incident? Shouldn't they be keeping quiet instead of fanning additional flames on this whole incident?

I am really really disappointed at how Husker is responding. A "clarification post" like this would not do anything to help. Decisive action (i.e. apologizing as if they really mean it, honoring the deal of $60K for E90 M3 and throwing in extra credit/support) from Husker is the best form of prove of the dealership's endeavor, but instead Husker choose to continue to fan flames. Great job.
actions speak louder than words. honor the deal already, and admit defeat with a drop of grace !
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      03-26-2008, 07:07 PM   #1335
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Thumbs down And yet

Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.


your post location is Phoenix? You, sir, smell fishy.
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      03-26-2008, 07:09 PM   #1336
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Originally Posted by gundamfans View Post
Dooma, keep us updated!!!!
LOVE your 335i!
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      03-26-2008, 07:11 PM   #1337
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Quote:
Originally Posted by kimwim View Post
your post location is Phoenix? You, sir, smell fishy.
Actually there is no law that says your legal counsel must be in the same state you are located.
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      03-26-2008, 07:13 PM   #1338
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i cant believe husker is for real with this type of response. Keep on fighting the bastards Ken, these guys are crooks! Finally a shitty BMV dealership some of us had to deal with is getting the proper treatment.

And btw, BMW NA is responsible too.

I can't imagine a story like this happening with Lexus dealership, just can't!!!! BMW AG should put a leash on these snots somehow, because bad BMW dealer is not unheard of. Goes so much against what htey stand for. Why can someone like Lexus be always super friendly, and BMW dealership so often have this issue. Something has to happen at high up to change the attitudes and make these crooks sell cheese, not cars.
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      03-26-2008, 07:14 PM   #1339
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Just saw this on Ebaumsworld forum, and I just wanted to add my support from Iowa, sent this to everyone I know, keep their nuts in a vice bud!

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      03-26-2008, 07:16 PM   #1340
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> This whole thing is getting a little weird.

It's getting a lot weird.

It is certainly unexpected to see corporate counsel for a $6B corporation
show-up on a public forum like this.

Until Ken posted the letter, Mike's name was not common knowledge.
A.N.Y.O.N.E. could have created the account "Michael Maledon." At the
moment, there is no reasonable way to authenticate that this poster is
indeed who he claims to be.

VTAIG has an entire separate business for advertising, PR and
communications. Typical corporations throw those mouthpieces into these
situations; if they show up at all. (Witness BMWNA's absence.)

But; VTAIG ain't your typical $6B business. It's privately owned. No
stockholders to which they must answer. No outside directors. Some
privately held corporations of this size behave in very unexpected manners;
at the whim of the principals (the Van Tuyl's and Holcomb).

So ... Michael Maledon ... how do we authenticate your participation here?

Mr. Moderator: Does the IPaddr logged for the Michael Maledon poster map
to a plausible Scottsdale/Phoenix address?
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      03-26-2008, 07:19 PM   #1341
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Quote:
Originally Posted by Laszlo View Post
This whole thing reminds me of the story of Frankenstein. How the out-of-control mob chased Frank down and burned him alive.

The attorney from Husker did state that employees are being harassed and that is not cool at all.

Supporting the effort in a safe and mature way is what’s important. But taking it any further than that, is wrong.

Just to remind those who might be taking this too far.

Agreed. Ken and many, many others have made this point. Over and over and over.
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      03-26-2008, 07:20 PM   #1342
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I still wonder why the University of Nebraska would allow these guys to be the official dealer for Cornhusker football? It really lowers my opinion of the Cornhuskers and makes me wonder if the NCAA approves of its universities liscensing their teams to hucksters!
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