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

[ideliver]

Originally Posted by BMW M5 Power

Hello followers of the mayhem

From here on out, I will only make comments on what I KNOW is fact in efforts to quell this firestorm and set records straight. Hurry up Ken and get this thing paid for at this great price. In the end you are getting a great car.

Jeff Gomon, President
Missouri Valley Chapter, BMW CCA
Lincoln, NE

Wow, thank you for sharing.

Just to be clear, you do understand that at no time did Ken ever encourage any of the nonsense with the dealership last weekend?

[bmw-m6]

Originally Posted by BobbieBrighto

Lol. Perhaps, this particular M3 will be one of those many BMWs that had been damaged during transit on the Courage which were in turn repaired and used as demo models.

Is this your new Lincoln BMW M3?

the title should be clean (its a new car), and i'm sure Ken will carfax /experian autocheck it numerous times (i personally prefer experian, as it caught something on my car carfax didn't pick up).

they also say to carfax/experian autocheck a vehicle a few months after sale (my experian guy said this is done so a few days prior to sale, and incidents don't show up for 30 days or so in their databases).

[Desert Rat]

I am a new member but have been following this thread from the start. I am a retired vehicle dealer and can see both sides of this saga. From the start I have been in Dooma's corner and was happy to hear the dealership agreed to the original terms. The dealership also agreed to cover transportation, that sounds like an apology for this whole mess.

Now the dealership has set a reasonable time limit on closing this transaction and even extended that time for another three days. It is up to Ken to complete this during this time period. If the leasing company Ken has chose is not acceptable to the dealership then Ken needs to find one that is or go through the dealership for the lease. Most times when the car is sold or leased the dealership must send the MSO (Manufacturers Statement of Origin) to the financing or leasing company before payment is made. So dealers work with companies they are sure will get payment to them in a timely manor. I can understand the dealership not wanting to send the car to California and the MSO to a company they have never heard of.

Before you flame me, think about it. Would sell a vehicle to a stranger, pay the shipping to take the vehicle more than 1,000 miles away then send off the title somewhere else to someone you had never heard of and then wait for payment.

If not completed by the deadline the dealership has every right to close the books on this.

[bmw-m6]

Originally Posted by MyBlackCar

The deal needs to be honored by both parties. Dooma did say he will have it inspected after taking delivery.

Huskar Auto would do well to deliver the car in working order. Any sabotage on their part would amount to criminal action. If they thought the internet community was damaging to their reputation, then they will definitely want to stay away from the Federal Trade Commission and the FBI.

they wouldn't trifle with the car (if they were any smart, but i doubt that). they could stop hurting their image, but if its reported that they delivered a lemon or tainted car, imagine the headlines "BMW dealer first refuses ebay deal, then delivers it damaged !".

a little bit of a side note here, but i take BMWNA's silence here troubling. they seem to support the dealership without saying a word, and thats they way it comes across. not even a "no comment" or "we'll be monitoring this case, thats all for now". Are they oblivous to this (which i doubt), so it leads me to believe they know, and are choosing to stand idly by while their reputation is being lost to other luxury auto makers who truly care about the customers that walk through their dealerships.

[freediverdude]

I'm not understanding- didn't Dooma like 5-10 pages back state that the Michael Maledon attorney took his credit card info and charged the deposit, after Fil wouldn't do it? And that that consummated the deal? I am really not getting this. There's such a huge difference in what both sides are saying happening. Either Dooma sent someone representing the dealer a quick deposit or he didn't. There's really no time excuse or anything. I guess I would need to hear more.

[bmw-m6]

Originally Posted by dooma350

Ebay has been largely absent throughout most of this ordeal, at least from my perspective. I sent several complaints via their dispute form, only to be rebuffed by messages that appeared to be automated, with no chance to reply.

The problem with their dispute resolution, from my perspective as a buyer, is that they require some sort of proof that the seller is refusing to sell. Good luck with that. Anyone who buys/sells on ebay knows that people with no intention of completing a transaction dont respond. And if they do, I dont think they would admit to refusing.

So I tried explaining this thru their dispute form again, explaining the urgency of the situation but again I was rebuffed by more one-sided automatic messages. Ebay should at least have a "reply" button so you could explain your situation. I contact ebay thru their 1800 number to explain to a live operator, and was promptly routed back to the same dispute form.

I finally was able to get a hold of a Ebay dispute resolution person a few days later, but you could imagine my disappointment in that it took a Husker person to kindly give me a name/number. Not one person from ebay gave me an email, or followed up with me!

don't worry, ppl are aware of the problems. soon, it won't make any sense to sell through them anymore.

[BMW M5 Power]

I don't think these are threats. Just that if you pay for it, its still yours. I think it is ironic that everyone was telling Ken it was his car due to the Ebay auction rules and now, even after doubling the timeframe to make payment, the dealership is being vilified for wanting the same rules enforced. Live by the sword. Again, I am not choosing sides. I would love for Ken to get the car because of the principle of it all. Just how it has all gone down has not sat well with many here. Call us simple out here in the heartland, but we don't handle things like this. As hard as you push to bash, the people here band together to support, just not here on this blog, from their wallets where it matters. Not to be argumentative, but these farmers have million dollar combines and lots of buying power and don't frequent sites like this. Not too many buyers from California walking in the door here. You have clearly missed your intended target as I have only see about 5 people post here that are within a days drive. Sorry, just my opinion.

I truly hope this gets straightened out and settled and that both parties are made whole in some manner. At this point the quickest way may be to just pony up the funds. Again, believe this, we are not a vindictive group of people out here. We prefer our lifestyle a bit relaxed and or interstates free of traffic so we can really enjoy our BMW's.

Sorry if you misunderstood my post.
Jeff Gomon

[UsedCarSalesmanwCombOver]

Originally Posted by Desert Rat

I am a new member but have been following this thread from the start. I am a retired vehicle dealer and can see both sides of this saga. From the start I have been in Dooma's corner and was happy to hear the dealership agreed to the original terms. The dealership also agreed to cover transportation, that sounds like an apology for this whole mess.

Now the dealership has set a reasonable time limit on closing this transaction and even extended that time for another three days. It is up to Ken to complete this during this time period. If the leasing company Ken has chose is not acceptable to the dealership then Ken needs to find one that is or go through the dealership for the lease. Most times when the car is sold or leased the dealership must send the MSO (Manufacturers Statement of Origin) to the financing or leasing company before payment is made. So dealers work with companies they are sure will get payment to them in a timely manor. I can understand the dealership not wanting to send the car to California and the MSO to a company they have never heard of.

Before you flame me, think about it. Would sell a vehicle to a stranger, pay the shipping to take the vehicle more than 1,000 miles away then send off the title somewhere else to someone you had never heard of and then wait for payment.

If not completed by the deadline the dealership has every right to close the books on this.

You are right...Ken, I believe, used Cap One. Dealerships hate Cap One cuz it takes for ever for them to issue payment unless they have changed and no longer move at the speed of molasses.

The one thing I don't understand is, if true, why didn't Ken not send payment info or why Ken's Attorney didn't arrange this with the dealership (as I believe Ken mentioned his attorney was repping him).

Btw, didn't Ken initially TRY to put a down payment for the car and the dealership wouldn't take even that?

[stickypaws]

Originally Posted by BMW M5 Power

Hello followers of the mayhem

Just left the dealership. The M3 is in just as pristine a condition as the day I saw it and the White coupe delivered and the miles are as announced. (got pics of it, sat in it weeks before this crap started, I started it up, sounds great, looks great). I repeat, there is NOTHING WRONG with the damn car...period so we can stop that line of drivel. I have seen it several times this week and it is being well taken care of. Further, the car is Kens, it HAS been since Monday, all he has to do is have someone, anyone, send the money and pay for it...that's it. Nothing fishy about that......

Jeff Gomon, President
Missouri Valley Chapter, BMW CCA
Lincoln, NE

Good post. Thanks for the info. There's always more than one side to a story. And each side is probably at some sort of fault in one way or another. Nobody's perfect. Especially when emotions are on edge.

This will no doubt get wrapped up soon. And I hope that lessons are learned on both sides of the fence. If not, then that would be the real tragedy.

[Laszlo]

Originally Posted by BMW M5 Power

Hello followers of the mayhem

Just left the dealership. The M3 is in just as pristine a condition as the day I saw it and the White coupe delivered and the miles are as announced. (got pics of it, sat in it weeks before this crap started, I started it up, sounds great, looks great). I repeat, there is NOTHING WRONG with the damn car...period so we can stop that line of drivel. I have seen it several times this week and it is being well taken care of. Further, the car is Kens, it HAS been since Monday, all he has to do is have someone, anyone, send the money and pay for it...that's it. Nothing fishy about that. I don't know about the other legal issues as stated in the Lincoln based Lawyer, other than I know the terms of payment have changed since the initial agreement on Monday as lease was brought in which BMW of Lincoln had agreed to extend another 72 hours. One thing remains, he can have the car!! No one is denying him the car, unless payment is not tendered. The dealership, from Kens admission, has been helpful and even gave him the number of someone at E-bay when he could get not response. He asked everyone to please stop the $hitstorm and several posters on this blog reminded of this. This clearly did not happen and has done nothing but fan the flames. Some of the advice, and admissions of actions, posted here were a bit frightening.

In my opinion, some of what is happening now legally is a direct result of this onslaught. It doesn't affect me either way as I must remain neutral in matters like this. As President of BMW CCA, Missouri Valley Chapter in this region, we have a great relationship , as do our members, with both area dealerships. So, I am not posting to support or bash, just to relay what I know as several staff members of BMW of Lincoln are members, some board members of our chapter. Do I have Fil's (which is short for a very Italian name) phone number on my iphone, yes. Did I get an e-mail response from Larry VanTuyl on this matter when I e-mailed him, yes. Do I know the facts, seen the documents, heard the terroristic phone messages, text messages and other various pranks, and seen the disgust in the eyes of the operators that field these calls, yes. Still I kept quiet...

I have not posted as I really wanted to remain neutral, figuring that the bloggers that are digging up all the data would just flame me as a troll of BMW of Lincoln. Feel free to search all you want, I am simply a BMW CCA member with some insight. If this were happening to Markel BMW, I would be doing the same thing. It isn't an issue of Dealership loyalty. I would ask that you go back and check out the dates of the BBB reports. Fil has only been there for 6-9 months. The Z-06 deal was before he was there. A little more insight. The BMW and Mercedes Benz franchise is a separate sales and service building with its own GSM, its own budget, its own sales staff and mechanics. Those BBB reports were for the GM side, a block, and a world, away. Fil cannot control something when he was not even in the state.
Further, Fil did NOT even know about this situation until after the Internet sales guy tried to squash his screw-up, which is what it was, by some quick footwork that didn't obviously work. Fil found out about it, late on Friday and Ken was called and told by that it would all be straightened out on Monday as it was late, and Easter weekend was coming up. Starting Friday and continuing Sat and Easter Sunday this escalated into, well, I think we know. Know this, as promised, the car was Kens Monday. Were there some interesting requests, and did Fil get huffy on the phone, knowing him, he might have. Remember, bloggers hacked computers and were e-mail blasting him, his staff, his family and were calling him all weekend. TV reporters had called, local newspaper etc. Bloggers had called Fil's Father (who does NOT own the dealership by the way) during Easter Dinner. Also called and harassed were his sisters, brother and other family members. So, if you tell someone that it will be handled on Monday, and you get harassed ALL WEEKEND, I think I would have a few words for the ONLY person he could put a face on that had a role in all this. Given the actions of some bloggers, his actions were pretty tame.

Not even going to comment on the youtube video and the pictures, which I hear are very nice centerpiece of their case at this point. This is, in my opinion, nothing more that mob mentality and has gotten way out of hand. I can share this with you. That place was packed all week with people going in to check out the "infamous" ebay M3. In fact, BMW of Lincoln has sold, and pre-sold, more cars to locals this week thru the foot traffic generated by this so. I would bet they have lost nothing from the stack of new sales order I saw. Publicity, good or bad, is still publicity, get people out to check it out, and this is great FREE publicity. I hope it hits 2,000,000 posts!!!

To be quite honest, both of our area dealerships have great reputations and the CCA members go to whichever dealership is closer. The comments I am getting are, actually, not well received as to the comments and portrayals of the dealership by the bloggers. Most are saying it is just not their experience. Many supportive calls and e-mail were sent as well. For Ken I have this. Yes you will be getting your license place frames, your Husker football Tickets and, as all clients that purchase a new or CPO BMW at BMW of Lincoln, you will receive a 1 year membership to the BMW CCA (or a renewal if you already are a member). It is really too bad that you never heard that this dealership won an award from BMW CCA for the dealership signing up the most members of all dealerships in the nation...thats #1 of 368. Again, just stating facts and not throwing out random conspiracy theories.

From what I saw, BMW NA is not getting involved at this time, but I am told that E-bay and BMW NA will make comments once this is over.....I think you will be interested in that information. One last thing. Fil is Not just the GM, but a part owner of the Dealership, I don't think he will be firing himself anytime soon, certainly over something like this.

I am not a troll, just some lowly 1991 BMW M5 driver who happens to be closer to the situation than I expected. You can google me all you want. You will find pics of my car and articles I have written on our chapter newsletter as well as a link to our Chapter website. Feel free to flame me just the same, call me what you want, I have no angle here, nothing invested. I don't buy my cars from dealerships, only fellow CCA members. I do my own maintenance as I am an aircraft mechanic, and I don't work for BMW of Lincoln. All I can go on is my own experiences with them, which is quite positive, and I hear the same from fellow members.

From here on out, I will only make comments on what I KNOW is fact in efforts to quell this firestorm and set records straight. Hurry up Ken and get this thing paid for at this great price. In the end you are getting a great car.

Jeff Gomon, President
Missouri Valley Chapter, BMW CCA
Lincoln, NE

This is a great response. What a great insight into what most of us have been waiting for.

[BMW M5 Power]

You said exactly what I heard at the dealership, but you used the correct verbiage. I am not a car salesmen and don't know the ins and outs. Thanks for clarifying .

Jeff

[bmw-m6]

Originally Posted by rollerce

I PROMISED myself I would not register just to add my two cents. I really did...

Well, that went well.

Anyway, I've supported Ken through this whole thing, I am no stranger to idiots and scammers on eBay, as I sell a lot of high-value electronics on eBay. I know how frustrating and time consuming dealing with them can be. I also know the satisfaction of getting my way when all is said and done.

That said I have a little advice for you Ken, and I hope my post doesn't get buried amongst all of the other well-wishers and trolls alike.

Regarding eBay, don't give up on them just yet. Their Safety and Security department is VERY busy, keep contacting them with updates, and requests. The trick is patience and persistence, I personally have seen three eBay accounts deleted and banned for scamming me, and am working on my fourth. Exercise the same patience and persistence you did with Fil and you'll get your results. Another avenue of contact is their live chat, they tend to be a lot more helpful than their automated system and can actually tell you how/if the investigation is proceeding (if you get a motivated rep).

Regarding Fil.....

...

I have no idea where to start, although it seems like you have the situation well in hand, I'd like to echo some previous statements. Don't drive it, don't push the engine start button, don't even slide yourself into the driver's seat until it has been THOROUGHLY inspected by a certified master mechanic (if you were in Michigan I could refer you to a friend of mine out there).

To give you an example, my mother attempted to buy a Ford Taurus a long while back, 1995ish. They went into the dealership knowing exactly what the car was worth, and how much they intended to pay for it. After an arduous time of negotiations (during which time I was making a pest of myself on the showroom floor, climbing in and around all of the floor vehicles), they got their price and the keys. We got in the car, started to drive away, and discovered the brakes were non-functional. Fortunately for us, the giant plate-glass window of the showroom and several desks provided a nice cushion to arrest our momentum. Later investigation showed that they'd crimped the brake lines. I think they were aiming for in-efficiency, but instead totally disabled the brakes.

Now, Ford compensated for this by GIVING us a Taurus, and having it delivered to a different dealership (Mike Naughton, I think is how it was spelled). We arrived to pick up the new car, and Mike himself handed us the keys to a different Taurus which had a bigger engine and high-torque transmission, and was still dark green. He said "I'll cover the difference", which apparently included paying all relevant taxes/processing/paperwork fees.

Anyway, what was supposed to be turning into a short word of encouragement ended up building into a hijack, don't hate me too much.

P.s. I'm photo shopping a picture of my rabbit holding his certificate of castration to be captioned "Fil after Dooma....EPIC FAIL"

edit: Stupid spelling mistake.

P.p.s. I don't see myself ever being able to afford a BMW, but if I ever do, I'm going to remember you guys. You seem like a really good bunch of people.

now that how its done !

i'll be the word got out and the honest dealership (these 2 places show the contrast b/w both ends of the spectrum, and we as shoppers, especially for new/used cars should keep that in mind). the honest dealership prob got a few more references for sales that way. When i bought my used car last semest, i made it a POINT by putting out flyers telling the student body to avoid other dealerships (was gonna do an article "my student's guide to buying a car" sort a thing).

there used to be a saying before the "suckers born every minute" (deny a sale to an educated potential buyer, to find an uninformed/impulsive buyer they can manipulate, turn, and victimize).

The old saying used be something like, "make a good experience, ppl will tell 5.....but make a bad experience and they'll tell 500".

[kart339]

Originally Posted by BMW M5 Power

Hello followers of the mayhem

Just left the dealership. The M3 is in just as pristine a condition as the day I saw it and the White coupe delivered and the miles are as announced. (got pics of it, sat in it weeks before this crap started, I started it up, sounds great, looks great).

Thanks for sharing the dealer version of the story.

So if the dealership is willing to work with Ken, what was the new corporate lawyer threatening libel and litigation for? Don't you think it appears inconsistent with the dealer version of the story?

I am sure the dealerships are very good sponsors to your chapter so I understand your need to chip in with support for them.

[shchow]

Wow! Has it only been a week since this all started? It seems like an eternity!
I think what really made this situation worse were the responses by the dealer representatives/lawyers. If they had responded like Jeff (the President of the local car club), the matter would have been over, and the onus would have been on Dooma/Ken to pay for the car.
With the tone of the letter from the second lawyer representing the dealer, it seems unlikely what Jeff/BMW M5 Power said will happen.
Jeff obviously is NOT an unbiased individual. He apparently is quite close with all involved at the dealership. Just because you represent a local car club, does that somehow make you more truthful, believable? Not sure about the answer to that question...
It is possible the car is trashed and the dealer knows that once inspected, they are in deep doo-doo. Thought I'd add another conspiracy theory into the mix.
Will continue to follow with great interest...

[Laszlo]

It sounds like the dealership has done everything in their power to please Dooma and close the deal. As well as ship the car to California for free. That's not cheap.

After reading Jeff's post it is clear that things got way out of hand. And I'm curious what eBay and BMWNA will say.

As far as I'm concerned, the dealership has stepped up to redeem and remedy the situation and has cleared up a lot of gray areas.

It really is up to Dooma to finish this up, or otherwise, walk away and find another car from another dealership.

Simple as that. The rant is over.

PS - I feel a bit bamboozled.

[UsedCarSalesmanwCombOver]

Originally Posted by BMW M5 Power

I don't think these are threats. Just that if you pay for it, its still yours. I think it is ironic that everyone was telling Ken it was his car due to the Ebay auction rules and now, even after doubling the timeframe to make payment, the dealership is being vilified for wanting the same rules enforced. Live by the sword. Again, I am not choosing sides. I would love for Ken to get the car because of the principle of it all. Just how it has all gone down has not sat well with many here. Call us simple out here in the heartland, but we don't handle things like this. As hard as you push to bash, the people here band together to support, just not here on this blog, from their wallets where it matters. Not to be argumentative, but these farmers have million dollar combines and lots of buying power and don't frequent sites like this. Not too many buyers from California walking in the door here. You have clearly missed your intended target as I have only see about 5 people post here that are within a days drive. Sorry, just my opinion.

I truly hope this gets straightened out and settled and that both parties are made whole in some manner. At this point the quickest way may be to just pony up the funds. Again, believe this, we are not a vindictive group of people out here. We prefer our lifestyle a bit relaxed and or interstates free of traffic so we can really enjoy our BMW's.

Sorry if you misunderstood my post.
Jeff Gomon

Jeff,

So what happened to the person/internet manager who posted the car on EBAY? Obviously the notion that they mistook the BUY IT NOW price as the reserve is complete horse manure with undigested pieces of corn in it.

Can you explain why the dealeship would pull such a stunt of an auction in the first place? It was no accident.

[Chief911]

Originally Posted by BMW M5 Power

To be quite honest, both of our area dealerships have great reputations and the CCA members go to whichever dealership is closer. The comments I am getting are, actually, not well received as to the comments and portrayals of the dealership by the bloggers. Most are saying it is just not their experience. Many supportive calls and e-mail were sent as well. For Ken I have this. Yes you will be getting your license place frames, your Husker football Tickets and, as all clients that purchase a new or CPO BMW at BMW of Lincoln, you will receive a 1 year membership to the BMW CCA (or a renewal if you already are a member). It is really too bad that you never heard that this dealership won an award from BMW CCA for the dealership signing up the most members of all dealerships in the nation...thats #1 of 368. Again, just stating facts and not throwing out random conspiracy theories.

While I think alot of what you had to say before the paragraph quoted above, most of this paragraph above discredit most of what you have said. Here are some facts:

I live in Lincoln
I drive a BMW 335i leased from Husker just over a year ago
A close friend of mine has one as well from Husker

I have never met someone who had a good opinion of Husker. And I have had first hand experience as to why they are not a good dealer.

As to your comments regarding husker tickets and bmwcca membership, that's all news to me. Neither me nor my friend received such treatment.

Regardless, the reality is, Husker is a really bad BMW dealership, and everyone that lives around here knows it.

[X6WouldBeNice]

Originally Posted by Laszlo

Yeah, someone mentioned that a person from the vw forum was in a similar situation and due to a viral smear campaign he was sued damages. Eventually, it was settled or something... I don't know. I mean, Fil's face is everywhere. He's famous. I'm waiting for some Youtube.com junkie to start putting his face on characters like they did with the "This is Sparta" videos... which if any of you haven't seen... must check them out on Youtube.

http://youtube.com/watch?v=bID0lVT7TPo

[bmw-m6]

Originally Posted by dooma350

Ok, here is whats going on. The details for paying for the car are complete, and it should be ready to be shipped tomorrow. Despite the dealer insinuation about finances (I blame my barrio, the mean streets of RPV), yes I qualified! I've asked Lincoln BMW to ship it to South Bay BMW and Philippe Kahn, South Bay's Internet manager, will go through the car with me when it arrives, and show me how everything works. South Bay's service dept will also check it out real closely. South Bay is my closest BMW dealer, and Philippe has been following this saga closely and volunteered to help. Phillipe and I talked today, props to him for helping set this up.

That said, I do have a pretty hefty legal bill to deal with. Scott's such a good guy, he has promised to reduce the fees but having worked so hard, he is the last person that I want to stiff. I don't care if I end up paying close to MSRP, but you got to take care of those who help you out. In this case, I wouldnt have gotten over the final hump without Scott. So, here is what Im thinking. I mentioned this before, but Lincoln BMW has promised to send the car to me with two license plate frames with the Husker cardboard inserts. I plan on using one of them. But I wanted to auction off the other license plate frame, with the Husker cardboard insert. Winner of the auction gets to
DESIGN MY CUSTOM CA LICENSE PLATE. And I will drive it around proudly, with an M3POST sticker.

PWNDFIL
FILSHIL
DOOMAM3



What do you think? Half the proceeds goto legal, half to charity. More details on the plate will be posted as the time comes.
But Wait! There is more. Despite all thats happened with Husker, they were kind enough to place me on the dealer mailing list. Buy a car, and receive a coupon for 2 free tickets to Nebraska's Spring Football Game!! Husker was kind enough to send this yesterday. Assuming the dealership will honor their coupon commitment, I fully expect to see 2 tickets in my car when its delivered. These too, will be included in the auction.



Before anyone volunteers again, I absolutely refuse to accept any donations. If you feel compelled to, please bid on the auction (but please, no fake bids and I promise not to shill bid! BTW, I have 100% positive feedback)

So was it worth it? Judging from the overwhelming response from all my friends here at M3post and beyond, hell yes.

By the way, please refer to my very first post on this board:

Thanks to the hundreds of thousands of you who helped out, including all the posters with great ideas, all the posters who provided advice and encouragement, and all of the rest of you who told me you were rooting for me. Props to Scott, who helped me out....I owe you big time. Let's keep this community alive. Don't stop now!

PS: When the car comes in I will announce it in advance and if some of you want to welcome it and take photos you'll be able to.

Thanks Again,

Ken

wow, Scott's gesture was greatly appreiciated, and your gesture not to solicit donations show you guys are the bomb !! I'm sure Scott will be well-compensated, and his reputation and legal skills have just kicked up a notch, and will generate more clients/business (hmmm, sounds like a sound business plan, taking the hint cornhusser ?). again, i'm sure you guys' can work a payment plan or something.

its probably a given, but i'm sure you and Scott will be cruising around town soon !

[jaiman]

Wow. I haven't been able to read all of the posts in this monster thread, but just wanted to chime in and give my best to Dooma. If you do set up a paypal account to cover your fees please post it as I'd love to contribute. I know you don't need the money, but it gives all of us a way to support you and if these jackasses try to sue you, you shouldn't be out of pocket to defend yourself.

Also, iirc, the main defense against libel is truth. I've read your posts and the posts from HAG and their counsel and I know who I'd believe.

[bmw-m6]

Originally Posted by dooma350

Laszlo, no I havent. The fact that BMW NA has not contacted me is pretty disappointing.

What happened, BMWNA?
Previously, I owned a 2003 E39 and used to post on roadfly.org.
Back then, there used to be a person who would monitor posts and if there was a problem, they would always be on it, posting something to the effect of "I represent BMW NA. Please call us at XXX-XXX-XXX and we will address your concern. Anyone remember this?

just goes to show you BMW corporate. either they're oblivious to the situation (which i doubt), or they condone/encourage such behavior. either way, BMW took a MAJOR step down in my book.

[Revolution Boi]

What a great insight and thanks for sharing. I could take either side, but knowing that its the whole principle is what really matters. Husker Auto Group was a great place and it was a great place to work at.

As a former employee, I was treated poorly after the changes that Husker has been through and I am still super pissed off about losing my job there.

Originally Posted by BMW M5 Power

Hello followers of the mayhem

Just left the dealership. The M3 is in just as pristine a condition as the day I saw it and the White coupe delivered and the miles are as announced. (got pics of it, sat in it weeks before this crap started, I started it up, sounds great, looks great). I repeat, there is NOTHING WRONG with the damn car...period so we can stop that line of drivel. I have seen it several times this week and it is being well taken care of. Further, the car is Kens, it HAS been since Monday, all he has to do is have someone, anyone, send the money and pay for it...that's it. Nothing fishy about that. I don't know about the other legal issues as stated in the Lincoln based Lawyer, other than I know the terms of payment have changed since the initial agreement on Monday as lease was brought in which BMW of Lincoln had agreed to extend another 72 hours. One thing remains, he can have the car!! No one is denying him the car, unless payment is not tendered. The dealership, from Kens admission, has been helpful and even gave him the number of someone at E-bay when he could get not response. He asked everyone to please stop the $hitstorm and several posters on this blog reminded of this. This clearly did not happen and has done nothing but fan the flames. Some of the advice, and admissions of actions, posted here were a bit frightening.

In my opinion, some of what is happening now legally is a direct result of this onslaught. It doesn't affect me either way as I must remain neutral in matters like this. As President of BMW CCA, Missouri Valley Chapter in this region, we have a great relationship , as do our members, with both area dealerships. So, I am not posting to support or bash, just to relay what I know as several staff members of BMW of Lincoln are members, some board members of our chapter. Do I have Fil's (which is short for a very Italian name) phone number on my iphone, yes. Did I get an e-mail response from Larry VanTuyl on this matter when I e-mailed him, yes. Do I know the facts, seen the documents, heard the terroristic phone messages, text messages and other various pranks, and seen the disgust in the eyes of the operators that field these calls, yes. Still I kept quiet...

I have not posted as I really wanted to remain neutral, figuring that the bloggers that are digging up all the data would just flame me as a troll of BMW of Lincoln. Feel free to search all you want, I am simply a BMW CCA member with some insight. If this were happening to Markel BMW, I would be doing the same thing. It isn't an issue of Dealership loyalty. I would ask that you go back and check out the dates of the BBB reports. Fil has only been there for 6-9 months. The Z-06 deal was before he was there. A little more insight. The BMW and Mercedes Benz franchise is a separate sales and service building with its own GSM, its own budget, its own sales staff and mechanics. Those BBB reports were for the GM side, a block, and a world, away. Fil cannot control something when he was not even in the state.
Further, Fil did NOT even know about this situation until after the Internet sales guy tried to squash his screw-up, which is what it was, by some quick footwork that didn't obviously work. Fil found out about it, late on Friday and Ken was called and told by that it would all be straightened out on Monday as it was late, and Easter weekend was coming up. Starting Friday and continuing Sat and Easter Sunday this escalated into, well, I think we know. Know this, as promised, the car was Kens Monday. Were there some interesting requests, and did Fil get huffy on the phone, knowing him, he might have. Remember, bloggers hacked computers and were e-mail blasting him, his staff, his family and were calling him all weekend. TV reporters had called, local newspaper etc. Bloggers had called Fil's Father (who does NOT own the dealership by the way) during Easter Dinner. Also called and harassed were his sisters, brother and other family members. So, if you tell someone that it will be handled on Monday, and you get harassed ALL WEEKEND, I think I would have a few words for the ONLY person he could put a face on that had a role in all this. Given the actions of some bloggers, his actions were pretty tame.

Not even going to comment on the youtube video and the pictures, which I hear are very nice centerpiece of their case at this point. This is, in my opinion, nothing more that mob mentality and has gotten way out of hand. I can share this with you. That place was packed all week with people going in to check out the "infamous" ebay M3. In fact, BMW of Lincoln has sold, and pre-sold, more cars to locals this week thru the foot traffic generated by this so. I would bet they have lost nothing from the stack of new sales order I saw. Publicity, good or bad, is still publicity, get people out to check it out, and this is great FREE publicity. I hope it hits 2,000,000 posts!!!

To be quite honest, both of our area dealerships have great reputations and the CCA members go to whichever dealership is closer. The comments I am getting are, actually, not well received as to the comments and portrayals of the dealership by the bloggers. Most are saying it is just not their experience. Many supportive calls and e-mail were sent as well. For Ken I have this. Yes you will be getting your license place frames, your Husker football Tickets and, as all clients that purchase a new or CPO BMW at BMW of Lincoln, you will receive a 1 year membership to the BMW CCA (or a renewal if you already are a member). It is really too bad that you never heard that this dealership won an award from BMW CCA for the dealership signing up the most members of all dealerships in the nation...thats #1 of 368. Again, just stating facts and not throwing out random conspiracy theories.

From what I saw, BMW NA is not getting involved at this time, but I am told that E-bay and BMW NA will make comments once this is over.....I think you will be interested in that information. One last thing. Fil is Not just the GM, but a part owner of the Dealership, I don't think he will be firing himself anytime soon, certainly over something like this.

I am not a troll, just some lowly 1991 BMW M5 driver who happens to be closer to the situation than I expected. You can google me all you want. You will find pics of my car and articles I have written on our chapter newsletter as well as a link to our Chapter website. Feel free to flame me just the same, call me what you want, I have no angle here, nothing invested. I don't buy my cars from dealerships, only fellow CCA members. I do my own maintenance as I am an aircraft mechanic, and I don't work for BMW of Lincoln. All I can go on is my own experiences with them, which is quite positive, and I hear the same from fellow members.

From here on out, I will only make comments on what I KNOW is fact in efforts to quell this firestorm and set records straight. Hurry up Ken and get this thing paid for at this great price. In the end you are getting a great car.

Jeff Gomon, President
Missouri Valley Chapter, BMW CCA
Lincoln, NE