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

[bradbmw]

Dooma350

Joined the forum to support you...best wishes.

[bolmedias14]

Mooseman, are you telling me that you don't feel for dooma at all? Mate, how would you feel if this happened to you? Oh wait, it wouldn't, because you're smarter than him and would never fall into such a predicament. I doubt it. The fact is mate, by arguing, you're just showing your immense ignorance! You don't need to agree with his story 100% to not agree with any of it!!!

Why dont we just re-name this topic flame-central while we're at it?

[moog55]

Originally Posted by mooseman

I am fully aware of everything you posted, as I can both read and comprehend. But the simple fact of the matter is if the guy called "nervously" he obviously made a mistake in the post and probably was hoping he wouldn't run into the person he did.

Had it happened to me? I would have said "Hey, I thought that price was kinda low. Oh well, I'm not out anything." And they might have even offered me a discount on the vehicle I was looking for.

But, see, I'm a reasonable individual with the capacity to understand that corporations are big groups of people, people that make mistakes. And I don't try and crucify people every time they make one.

But, whatever. As for being from the dealership, don't kid yourself, I'm really an actual thinking human being, just like the poor bastard thats probably barely holding on to his job right now. But, remember this moment sometime in the future when you make a mistake and the world crashes in on you. Remember this and recall that what goes around comes around. Remember this and recall that you put some poor slob though hell because he screwed up the reserve price.

But, back to being a victim and pitching a fit. Ohh, the humanity!

You sound like a shill for the dealership when you keep insisting that the dealership made a "mistake". Read the feedback. It was a failed ebay strategy. It was not a mistake. If you gamble in Vegas and lose $6000 on a bet, my guess is that your voice would be "nervous/shakey", etc. It wasn't the result of a mistake though.

[rainsux]

> a human mistake was made by not listing a 'reserve' ~ = to the BIN price....correct?
> do we agree upon this?

Absolutely not. The title of the ad included the come-on, "NO RESERVE". It was not a
matter of "forgetting" to check/enter a reserve amount.

[homerjsimp]

Originally Posted by mooseman

...But the simple fact of the matter is if the guy called "nervously" he obviously made a mistake in the post and probably was hoping he wouldn't run into the person he did...

the nervousness could have been been due to a million things.

[motionmonk]

Hi dooma350,
Props to you and your fight from the MINI Community; your situation is all over the web!
Here in town, the local MINI dealership sits on the 2nd flr above the BMW dealership. It amazes me how snotty the sales reps are once they know you are there for the "other" car.

You have a very strong and supportable position in this auction; I can only add my support and backing to your cause. I've had the fortune to have gotten great cars from great dealerships; I've also been escorted out of one after a sale. Have no doubts and move this thing forward, firmly and politely.

all the best!
motionmonk in AZ

[ideliver]

Originally Posted by mooseman

But, see, I'm a reasonable individual with the capacity to understand that corporations are big groups of people, people that make mistakes. And I don't try and crucify people every time they make one.

THERE WAS NO MISTAKE

The dealer meant to do every single thing that they did. They just do not want to live with the consequenses of their decisions and actions.

Now that is being a brat...

[yacoub]

Originally Posted by mooseman

But the simple fact of the matter is if the guy called "nervously"

People can be nervous because they're trying to get away with something. The buyer, not you, was party to the phone call and the buyer, not you, knows exactly how the conversation went. You speak with too much authority for someone making such massive presumptions (not to mention with such a poor grasp of logic). Unless of course you're the dealer, or work for another dealership that likes to play eBay auction antics like this one does. Then your deluded point of view makes a lot of sense.

[bolmedias14]

Originally Posted by moog55

If you gamble in Vegas and lose $6000 on a bet, my guess is that your voice would be "nervous/shakey", etc. It wasn't the result of a mistake though.

Being honest here, I think that that's probably the best analogy to use in this situation.

[mimic]

I heard about this on bimmerfest.com forums, and followed the links to this forum where I read every post. I swear it grew by two pages in the 30 minutes it took me to read.

Just wanted to show you my support and I hope that everyone you're dealing with in trying to resolve this breach of contract between you and Lincoln BMW understands and is respectful of your rights, and acknowledges the fact that they are in the wrong and the car is yours.

To all the nay sayers... go *uck yourselves! :finger:

[imafrk]

yup, I don't think any ethics were crossed here. The idea that he should have 'known' the deal was too good to be true is naive. The dealership never made an 'honest mistake' lol.

give 'em a giant Fatwa

[mooseman]

Originally Posted by bolmedias14

Mooseman, are you telling me that you don't feel for dooma at all? Mate, how would you feel if this happened to you? Oh wait, it wouldn't, because you're smarter than him and would never fall into such a predicament. I doubt it. The fact is mate, by arguing, you're just showing your immense ignorance! You don't need to agree with his story 100% to not agree with any of it!!!

Why dont we just re-name this topic flame-central while we're at it?

Look, what did the guy lose? Did they take a deposit and hold it for 6 months before failing to complete the transaction? No, they called immediately and said they couldn't honor the price that it was a mistake.

So, he was out absolutely nothing other than time spent putting together financing. Do I think they oughta offer the guy a discount off of MSRP for wasting his time with financing? Sure. But the expectation that they should eat several thousands of $$$ because they are a big evil car dealer corporation is the stuff of 200 level Sociology majors at San Francisco State.

All I'm asking is that people give other people the benefit of the doubt and treat them how they would want to be treated.

And, I apologize here and now for using words like "spoiled brat." I should have refrained from such ad hominem attacks. It was puerile and I owe the original poster a big apology. I'm sorry.

[ArtPE]

Originally Posted by rainsux

> a human mistake was made by not listing a 'reserve' ~ = to the BIN price....correct?
> do we agree upon this?

Absolutely not. The title of the ad included the come-on, "NO RESERVE". It was not a
matter of "forgetting" to check/enter a reserve amount.

just looked at the ad, did not see the words 'no reserve'
title: 08 M3 LOWEST PRICE ON EBAY

it can still be considered a mistake, or human error, not listing a reserve...

if the bidder bid say, 90,000, instead of 60,000, and confirmed it, he could still back out...the worst that can happen is loss of privledges, neg feedback...

no court in the land will make him buy the car or pay damages...

[yacoub]

Originally Posted by mooseman

Look, what did the guy lose?

So far he appears to be losing the item he legitimately won at auction (as eBay confirms he won when viewing the completed auction page, bidding history, etc).

[bolmedias14]

Originally Posted by mooseman

Look, what did the guy lose? Did they take a deposit and hold it for 6 months before failing to complete the transaction? No, they called immediately and said they couldn't honor the price that it was a mistake.

So, he was out absolutely nothing other than time spent putting together financing. Do I think they oughta offer the guy a discount off of MSRP for wasting his time with financing? Sure. But the expectation that they should eat several thousands of $$$ because they are a big evil car dealer corporation is the stuff of 200 level Sociology majors at San Francisco State.

All I'm asking is that people give other people the benefit of the doubt and treat them how they would want to be treated.

And, I apologize here and now for using words like "spoiled brat." I should have refrained from such ad hominem attacks. It was puerile and I owe the original poster a big apology. I'm sorry.

I still say that he has a perfectly good case on his hands dude.

BTW anyone thinking of starting a PayPal thing? Sorta 'Pay for Dooma's Legal Fees' or even 'Buy Dooma the car!'

[Rick]

NO RESERVE was intentional, comprende??

mooseman =

[mooseman]

Originally Posted by yacoub

So far he appears to be losing the deal eBay told him he legitimately won.

Good luck with putting that in legal terms. He lost "the deal," Your Honor. And with that we would like to include a "harshed mellow."

[bolmedias14]

Originally Posted by mooseman

Good luck with putting that in legal terms. He lost "the deal," Your Honor. And with that we would like to include a "harshed mellow."

Mate, he has a perfectly legit case!

[yacoub]

Originally Posted by mooseman

Good luck with putting that in legal terms. He lost "the deal," Your Honor. And with that we would like to include a "harshed mellow."

As my post says: "So far he appears to be losing the item he legitimately won at auction (as eBay confirms he won when viewing the completed auction page, bidding history, etc)."

Tell me again what's so cloudy for you regarding the illegality of a dealership not following through on a binding legal contract.

[freakguy54321]

Damn, I it took me a while to read through all of this. best of luck to you dooma350. Hope you get the car. Pretty jacked up of them.

[Garissimo]

Originally Posted by ArtPE

this is a bit more complicated than it appears:

the dealers contention is that a human mistake was made by not listing a 'reserve' ~ = to the BIN price....correct?

do we agree upon this?

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).

[acidtrunks]

Originally Posted by mooseman

Good luck with putting that in legal terms. He lost "the deal," Your Honor. And with that we would like to include a "harshed mellow."

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?