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

[Epacy]

Originally Posted by na335i

It’s certainly odd that each counsel from both sides would post a message on this forum while this whole situation is still on going and unresolved.

+1, usually comments such as that are refrained from until closure. However, this can be seen as briefing the press. A typical maneuver.

[cngzsn]

maybe the huckster is afraid of their previous actions resurfacing because of this, and they have to push this even further and do whatever necessary to come on top and win. at this point in time, they could only wish they were able to close the deal in exchange of the M3 and the $60K, but it is just too late and has grown too big. This would be my best guess as to why they are handling this the way they are.

I hope at the end they will lose and pose a good example for all the dealerships around nation that habited such bad practices of sale...

[LilRedGXP]

Originally Posted by Garissimo

Scott, you represent your client honorably.

However, if Husker's lawyer comes to this forum to post a highly distorted version of the truth, he isn't going to get much love. I don't condone any harassment of the dealer, but by the same token I have very little tolerance for blatant dishonesty. It's a pretty rough playground here and most are not going to extend Mr. Maledon the professional courtesy you have been gracious enough to avail.

I agree that scott must give some semblance of professional etiquette (even if the other guy's a lowlife, not that I'm saying he is because I don't know him that well) but it doesn't mean that us mere mortals have to extend that same courtesy.

If what Ken said was true that other "local" BMW dealerships are willing to give him the same offer (in writing) then why not do it? He'll get the car of his dreams and not have to worry about it being tampered with and will be getting top notch customer service. Also with a lot less hassles. Let Husker keep their precious M3 and good luck in trying to find another sucker for it. The damage to their business is already done (albeit by their own doing).

I realize Maledon has to say what the client wants or defend that position but then again he isn't doing a good enough job at telling them what they need to do to fix things. But then again maybe he is and there's nobody home even though the lights are on.

LilRedGXP

P.S. Ken, move on, get your M3 from someone else and let Husker wallow in their own caca.

[Michael Maledon]

Wow, tough crowd.

On behalf of Husker, let me be clear that we do apologize for the auction screw-up. The $67,995 figure was meant to be the reserve, not the “buy now” price. Our mistake. No excuses. Once the GM gathered the facts, we told the successful bidder on Monday morning that we would honor his $60,000 bid price.

We have been trying to work cooperatively with Mr. Tanisaka to complete this transaction. Obviously Husker is highly motivated to get the deal done and has no reason to further delay with all of the publicity that this has received. But until the bid price is tendered to the dealership, the deal remains undone. We disagree with Mr. Tanisaka’s version of the facts as to why this delay is taking place, but nevertheless Husker is committed to completing the deal with him as soon as possible. If Mr. Tanisaka cannot or chooses not to complete the transaction, then Husker will indeed keep the vehicle priced at $60,000 for the next willing buyer.

[BMWFM]

Originally Posted by Michael Maledon

Wow, tough crowd.

What did you expect? Have you even read the thread and done your homework?

Just sell him the car...

FM

[cngzsn]

dibs... lol

[ideliver]

Originally Posted by Michael Maledon

Wow, tough crowd.

If Mr. Tanisaka cannot or chooses not to complete the transaction, then Husker will indeed keep the vehicle priced at $60,000 for the next willing buyer.

Sold..where do I sign...

[DCLeopard91]

Originally Posted by carchic

HUSKER AUTO SOLD HIM THE CAR!!!!

This Ken guy is a complete moron!!!!!


Turns out Ken cant even afford this car! Word has it that husker Auto was going to sell him the car for the price he won it at but he cant afford to buy it! He wants to lease it!. HE SAYS HE has 60,000 cash set aside? totally bogus

NOW THIS IS SOMETHING TO BLOG ABOUT

Source for your info?? Otherwise I call B.S.

[DCLeopard91]

Originally Posted by ideliver

Sold..where do I sign...

Dude, your Avatar is PRICELESS!!!

[BMWFM]

Originally Posted by Michael Maledon

If Mr. Tanisaka cannot or chooses not to complete the transaction, then Husker will indeed keep the vehicle priced at $60,000 for the next willing buyer.

How does one get in line?

Just wondering: Would I get the same treatment? Do I need to hire a lawyer too?

[BMWFM]

Originally Posted by ideliver

Sold..where do I sign...

Ahrghhhh you beat me to it.

[UsedCarSalesmanwCombOver]

Originally Posted by Michael Maledon

Wow, tough crowd.

On behalf of Husker, let me be clear that we do apologize for the auction screw-up. The $67,995 figure was meant to be the reserve, not the “buy now” price. Our mistake. No excuses. Once the GM gathered the facts, we told the successful bidder on Monday morning that we would honor his $60,000 bid price.

We have been trying to work cooperatively with Mr. Tanisaka to complete this transaction. Obviously Husker is highly motivated to get the deal done and has no reason to further delay with all of the publicity that this has received. But until the bid price is tendered to the dealership, the deal remains undone. We disagree with Mr. Tanisaka’s version of the facts as to why this delay is taking place, but nevertheless Husker is committed to completing the deal with him as soon as possible. If Mr. Tanisaka cannot or chooses not to complete the transaction, then Husker will indeed keep the vehicle priced at $60,000 for the next willing buyer.

Michael,

I don't think I am telling you anything you don't already know, but who really cares what is posted here. Your main concern is representing your a very powerful auto group who was put it in a very precarious situation (and if true, this isn't the first time) by one of it's dealerships.

And I think you have some pretty big stones to post that the dealership made a mistake of confusing the BUY IT NOW price with the RESERVE.

Did Husker just allow someone who has no prior experience posting on EBAY post this special BMW? Maybe they had the porter do it? The Internet manager probably left the building to grab a smoke and went to the porter who was washing a car and told him, "Hey Jesus, go to the computer and post that new BMW that was just PDI'd and you detailed in the showroom on EBAY while I smoke this cig. I'll give you $5 and a case of Corona. Muchas gracias, homie."

[Epacy]

@carchic Where is this so-called "word" coming from? Does your dealer know you are on here?

Originally Posted by Michael Maledon

Wow, tough crowd.

On behalf of Husker, let me be clear that we do apologize for the auction screw-up. The $67,995 figure was meant to be the reserve, not the “buy now” price. Our mistake. No excuses. Once the GM gathered the facts, we told the successful bidder on Monday morning that we would honor his $60,000 bid price.

We have been trying to work cooperatively with Mr. Tanisaka to complete this transaction. Obviously Husker is highly motivated to get the deal done and has no reason to further delay with all of the publicity that this has received. But until the bid price is tendered to the dealership, the deal remains undone. We disagree with Mr. Tanisaka’s version of the facts as to why this delay is taking place, but nevertheless Husker is committed to completing the deal with him as soon as possible. If Mr. Tanisaka cannot or chooses not to complete the transaction, then Husker will indeed keep the vehicle priced at $60,000 for the next willing buyer.

Mike, I find this incredibly interesting and hope you can answer.

Husker was so adamant about NOT selling the car at $60k, incurring the wrath of the internet and many news agencies, but now will sell the car at $60k to any person in the world?

Can you possibly explain to all the people on here why the dealership would be so generous after creating this firestorm about selling the car at $60k? It was after all a "mistake", correct?
Please don't respond with an answer to the effect of "wanting to do the right thing". That myth has been systematically dispelled.

[azurepalm]

dooma's lawyer is a long-time active m3post.com member?

[cngzsn]

Originally Posted by BMWFM

Ahrghhhh you beat me to it.

i beat both of you to it.. I called the first dibs

[rpmfoundation]

Which part is bogus? that someone has 60k set aside.. ?? i think not.. this is CA, I invested in many things prior to my 22nd.. I had close to 80k stashed away..besides, if you do anything IT these days in LA thats easy six figures, you can stash away 60 k no problem ( as long as no girlfriends rule is applied ) -

What proof do you have? Their Attorney?

At this point its he says, she says, I'll see what happens in court.

I wouldn't be so quick to jump to ANY conclusions.

Originally Posted by carchic

HUSKER AUTO SOLD HIM THE CAR!!!!

This Ken guy is a complete moron!!!!!


Turns out Ken cant even afford this car! Word has it that husker Auto was going to sell him the car for the price he won it at but he cant afford to buy it! He wants to lease it!. HE SAYS HE has 60,000 cash set aside? totally bogus

NOW THIS IS SOMETHING TO BLOG ABOUT

[dgb2]

My contact to the Journal Star journalist that previously covered the story:
==============================================

Dear Richard Piersol,
Your recent coverage on the Husker BMW story was a compelling summary of an event that has evolved into an even larger spectacle that deserves a re-visit for the sake of your local readers and consumers.

I understand that your mailbox may currently be flooded with messages regarding your article on the Husker BMW- eBay fiasco. As your article made clear, this conflict has sparked interest from a variety of internet users from all over the world. Most of them, including myself, have no vested interest in how this story turns out. In many cases readers are sympathizing with Mr. Tanisaka as a result of their own experiences with poor dealerships, and finally have an opportunity to "stick it" to one such business.

The reason I write to you is to request an update on the situation, not to inflict further damage on Husker BMW, but to inform your residents of further wrong-doing by the dealership. Your previous coverage of the story was an exceptionally to-the-point summary of the situation to that point, but unfortunately Husker BMW's GM recent actions overshadow even the absurdities described in your article. As somebody considering a BMW purchase in the near future, albeit outside Nebraska, I would appreciate being informed of unethical and illegal activities being purported by a dealership that I am considering- especially when making a $60,000 investment. The development of the story has revealed not only obvious violations of contract law, but possibly Husker acting contrary to the demands of BMW's legal counsel, and possible illegal distribution of new vehicles and illegal shill bidding on eBay. I understand that you may not be able to publish theories on whether Husker places bids on their own auctions, but the illegal sale of new vehicles on eBay as per BMW's terms should be easily verifiable via BMW-North America.

Finally, I suggest you visit the following links as much more eloquent summaries of recent developments than I can possibly provide:
http://www.autoblog.com/2008/03/26/n...om-bmw-dealer/
http://www.autoblog.com/2008/03/26/u...inners-plight/

[ideliver]

Originally Posted by cngzsn

i beat both of you to it.. I called the first dibs

I pmd him...but no response yet...still waiting...not patiently

[BMWFM]

Originally Posted by cngzsn

i beat both of you to it.. I called the first dibs

Just for my education: kindly translate "dibs". Sorry, non English native. (I can still read an e-bay contract though). Apologies for lack of knowledge.

[ncoday]

I think the stealership's lawyer is trying to do damage control by attacking Ken; wonder why I never liked lawyers?

I highly doubt the dealership's point of view is true.

If it was, then there never would have been a story to begin with

[gundamfans]

Originally Posted by Michael Maledon

Wow, tough crowd.

On behalf of Husker, let me be clear that we do apologize for the auction screw-up. The $67,995 figure was meant to be the reserve, not the “buy now” price. Our mistake. No excuses. Once the GM gathered the facts, we told the successful bidder on Monday morning that we would honor his $60,000 bid price.

We have been trying to work cooperatively with Mr. Tanisaka to complete this transaction. Obviously Husker is highly motivated to get the deal done and has no reason to further delay with all of the publicity that this has received. But until the bid price is tendered to the dealership, the deal remains undone. We disagree with Mr. Tanisaka’s version of the facts as to why this delay is taking place, but nevertheless Husker is committed to completing the deal with him as soon as possible. If Mr. Tanisaka cannot or chooses not to complete the transaction, then Husker will indeed keep the vehicle priced at $60,000 for the next willing buyer.

Hi Michael,

Yeah, we may be a tough crowd, but our goal is to stay reasonable and help the side who's been wrongfully hard done by.

The fact that Husker will keep the the vehicle priced at $60K for the next willing buyer, if true, is a good sign of sincerity (assuming that the M3 is in perfect new condition with no mechanical faults etc)

Can you give us a little more detail on the difference between Tanisaka's version of facts that caused the delay? So Catania didn't throw a fit at Ken after all? Or is there something else?

But anyhow, signs of sincerity from Husker here, intending to keep it at $60K regardless of the buyer.

And if it turns out that Tanisaka is doing something fishy/wrong with ill intentions, I'll definitely be one of the first few people to give him a nudge and push back to the right side of things.

[3aficionado]

Originally Posted by carchic

HUSKER AUTO SOLD HIM THE CAR!!!!

This Ken guy is a complete moron!!!!!


Turns out Ken cant even afford this car! Word has it that husker Auto was going to sell him the car for the price he won it at but he cant afford to buy it! He wants to lease it!. HE SAYS HE has 60,000 cash set aside? totally bogus

NOW THIS IS SOMETHING TO BLOG ABOUT

Welcome troll from the dealership. What sales station do you call your desk?

Who cares if he pays cash or leases the car? It was the initial denial of selling the car at the agreed upon price that started this international outrage. That was the action of Lincoln BMW. Now Ken has to pay attorney fees in addition to the car because Lincoln BMW flip flopped & wanted extra conditions instead of honoring the initial agreement.

However Ken pays for the car what does it matter? All the matters is the Fil moron takes the credit card and puts down a deposit.

Ken, if I were you I would get a one time use credit card or wire the $1000 deposit. I wouldn't trust Fil or anyone at Lincoln BMW farther than I can throw them.

Maybe Lincoln BMW can do a little damage control, publicly apologize, fire Fil and his family, pay Kens attorney fees, fly him to NE to get the car and sell it to him for $60k. Then Van Tyle may be able to look like a company that has some common sense. Make Fil & crew the fall guys otherwise Van Tyle Auto Group dealers will carry Lincoln BMWs black eye forever.

And that car better be beyond spotless otherwise you know NO one will want to let this go. Van Tyle execs, dont trust those guys in Lincoln to work on your behalf to make this right. They have proven to be childish and not above child-like behavior. The last thing Van Tyle needs is anything less than a perfect showroom car with the originally stated eBay 13 miles. No joy riding by the moron Fil. If I worked for Van Tyle corp HQ I would fly someone to NE to inspect the car before pickup, apologize to Ken then pass out pink slips after Ken leaves.