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      03-23-2008, 05:45 PM   #174
ArtPE
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Drives: e46 M3
Join Date: Dec 2007
Location: Earth

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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?

now, if you go to a bank and a teller gives you too much by 'mistake', or a cash machine is programmed wrong by a human, or by mechanical fault and gives you too much cash, can you keep it? no, they will automatically deduct it from your account...the law allows them to do so...

same goes for a legal bid in construction...
if the bidder contends that he made an human error (math, etc.), and catches it, he has a right to withdraw that bid within a 3 day time frame...without penalty or bond consequences

the system is set-up to allow for honest mistakes, and to not be punished for them...
he did nothing 'wrong', he made a 'mistake'...
if it was willful, it's another matter...

good luck...legally I'm not sure you have a case...but you may be able to 'shame' them into capitulation...
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