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

[STL325i]

Looks like this won't be easy. This is a slap in the face to every honest American consumer. What are the next steps? Do you need money for your legal defense? Your humble internet army awaits....

-d

[ideliver]

Now this lawyer is a little better then Mr Malestrom (are your reading, sir?). He is basically saying...

"You ain't getting the car...and we are going to sue you for libel and financial damages...so keep talking about it...it only raises the damages...bring it on..."

Except for one small detail...he italicized the word "lease"...he used the word pejoratively...which only shows his prejudice...it seems that they are refusing to accept funding from what ever leasing company he is going to use...

The implication (and is consistent with the posting of the trolls) is that people who lease do not have the financial means to actually afford the car (like a $1200 lease payment is nothing). Very insulting...

Clearing they are not going to sell this car to Ken under any circumstances, and will find any excuse not to do it...

I said in my first post in this thread...only the lawyers will win...it is their game

[sloth]

There is a detail I'm not sure I got right:
Dooma won the auction and according to ebay, the M3 was sold to him. However, he later changed his mind and decided to lease the vehilce. How does that comply with the auction's terms?

Dooma, what kind of lease was that?

[Ron21]

Originally Posted by sloth

There is a detail I'm not sure I got right:
Dooma won the auction and according to ebay, the M3 was sold to him. However, he later changed his mind and decided to lease the vehilce. How does that comply with the auction's terms?

Dooma, what kind of lease was that?

It doesn't matter if Dooma leases, finances or pays in full for the car. The dealer would still get his $60,000.

[ideliver]

Originally Posted by BobbieBrighto

Called it.

Simply put, the buyer got himself in too deep, unintentionally, but then again was also fueled by the Internet.

I disagree..he has financing...they just do not want to accept it...

[Ron21]

looks like this thread will hit 1,000,000 after all..

[ideliver]

Originally Posted by Ron21

It doesn't matter if Dooma leases, finances or pays in full for the car. The dealer would still get his $60,000.

1000% correct...(except that their finance people don't get to pound him also)...

[BobbieBrighto]

The letter of Husker's attorneys clearly indicates that no confirmation of funding has been received from the source of the lease. This is an official statement. The dealer would still get his $60,000... if buyer had the financing. I'll say it again: he didn't, at that moment.

I am all for the team spirit, but open the blinds, man.

It is like what Laszlo said, people these days don't own up to their mistakes anymore. Yes ;Husker did own up for Fil's mistake (or trickery), despite its unwillingness. It had to; it was wrong.

Not to give any suggestions, but you know what would be irony, if Husker actually held the buyer to the deal and forced him to pay and proceed with the purchase.

[PadreScout]

Originally Posted by dooma350

Im left pretty much speechless.
The allegations leveled against me are completely untrue.
I will fight this, as these are groundless allegations.

Ken

We're behind ya! Don't lose heart.

[ideliver]

Originally Posted by ideliver

Wrong...the dealer still gets a $60,000. It does not matter if I bring it to them in $20's, $50's, $100's, $.25's, a certifed bank check drawn on my personal account, a bank check from Capital One that is secured with a lien and structured as a loan OR WITH A CHECK FROM A BANK THAT IS STRUCTURED AS A LEASE...the differences are not material to the seller...unless they want to count my quarters...

Also, while I understand that this tread is long...Dooma350 (Ken) has clearly explained this

Bump

[kart339]

I am so sorry to hear ths Dooma.... Looks like they changed the lawyers so that the new lawyers can claim they were not involved in any deals struck by the old law firm / Maledon

That's the only reason I can think of at this moment. And they are trying to scare Dooma with law suit and litigation stuff so he will just let the dealer have the car....

Simply disgusting...

[sloth]

Originally Posted by Ron21

It doesn't matter if Dooma leases, finances or pays in full for the car. The dealer would still get his $60,000.

Alright, I must have been under wrong impression. I've never leased, only bought vehicles.

[midknight xrs runner]

Bobbie, i don't know how many large corporations you've worked for or how many vehicles you've bought, but this is a typical practice of someone who has an exorbitant amount of money and doesn't like to see the average Joe beat them.

It is clearly stated in the letter that the dealership is unaware of how to complete a transaction with the leasing company and doesn't want this vehicle leased. More ploys from big brother.

[kart339]

Bobbie-NotSoBrighto-

Dooma posted the screenshot of his financing approval which had a 3/20/08 date on it....

What else do you need? His Social, W-2 and bank account number?

Lemme guess you must be from Nigeria!

Or Fil - is that ya?? Don't be shy - Come on out!

Originally Posted by BobbieBrighto

The letter of Husker's attorneys clearly indicates that no confirmation of funding has been received from the source of the lease. This is an official statement. The dealer would still get his $60,000... if buyer had the financing. I'll say it again: he didn't, at that moment.

I am all for the team spirit, but open the blinds, man.

It is like what Laszlo said, people these days don't own up to their mistakes anymore. Yes ;Husker did own up for Fil's mistake (or trickery), despite its unwillingness. It had to; it was wrong.

Not to give any suggestions, but you know what would be irony, if Husker actually held the buyer to the deal and forced him to pay and proceed with the purchase.

[FILABUSTR]

Any reasonable (sane) person should realize that the "clock" for financing should start once the sales was accepted and terms agreed upon. When Dooma was informed that it was a mistake the "clock" should have stopped until an agreement was reached!

Why, why, why would Lincoln BMW even want to drag this out longer?

The longer this goes on the worse it will be for Lincoln BMW.

I have a sales office in Lincoln. I'm going to call them and maybe get some of this posted on their bulletin board. There are a lot of BMW owners working there and might like to know about this little fiasco.

Stick to your guns Dooma.

[BobbieBrighto]

Originally Posted by kart339

Dooma posted the screenshot of his financing approval which had a 3/20/08 date on it....

Look at it again, smart guy.

It is exactly one of the reasons for my impression.

[JannainOttawa]

Originally Posted by BobbieBrighto

The letter of Husker's attorneys clearly indicates that no confirmation of funding has been received from the source of the lease. This is an official statement.

A letter isn't PROOF. Its just based on what Husker's attorney's claim.

Please stop feeding the troll. He disappears for a few days when everyone has pwned him then returns the minute the letter is posted. Not to mention, he never replied to those who pwn him.

Watch him disappear once again after this situation dissolves.

[BobbieBrighto]

Who said it was proof? It was an official statement.

Not trying to get into it with you defensive dudes. I have no interest in either party here, although I am for the consumer in a bad sale.

Please stop feeding the troll. He disappears for a few days when everyone has pwned him then returns the minute letter is posted. Not to mention, he never replied to those who pwn him.

Watch him disappear once again after this situation dissolves.

You talking about me?

Who was it that got owned again?

[Elisabeth]

Originally Posted by BobbieBrighto

The letter of Husker's attorneys clearly indicates that no confirmation of funding has been received from the source of the lease. This is an official statement. The dealer would still get his $60,000... if buyer had the financing. I'll say it again: he didn't, at that moment.

I am all for the team spirit, but open the blinds, man.

It is like what Laszlo said, people these days don't own up to their mistakes anymore. Yes ;Husker did own up for Fil's mistake (or trickery), despite its unwillingness. It had to; it was wrong.

Still following this to page 93. :P


I have to stay on Ken's side here. Up 'til today? yesterday?, the possibility of Ken receiving the vehicle he won was still up in the air.

Husker Auto Group is now trying to make it sound like Ken intentionally whipped the entire internet community into a frenzy. This is a sub-par, slightly less than clever diversion tactic designed to recoup the monetary losses these guys are going to suffer for years. The only "proof" they have of Ken's supposed lack of financing is :

1) His decision not to use their financing company

2) His decision not to definitively secure financing on a vehicle they were previously refusing to sell to him despite winning the auction

3) The word of a man who is now under pressure of an internet firestorm that is his fault, and is probably walking a line to keep his job. Would anyone be surprised if he was lying, trying to pit his "word" against someone who lives in another state and can't easily dispute him?

4) Their refusal to work with Capital One


None of these things are really substantial for evidence. What reason would this man have to go out to a bank and get a loan if the company was previously refusing to sell him the vehicle?

As for the claims that Ken intentionally started spreading libel about thus company... wtf? He lives halfway across the country, he had no real reason to believe that his single post in this single forum would gain such a massive audience. Here's where you have to face the fact that no one has control over other people -- we chose to rally against you, Husker Auto Group. We chose to read this story, share this story, and follow this story. Ken didn't demand that thousands of people read this thread; he asked a question, his question just happened to find a sympathetic place in the heart of every individual who has had to endure a car salesperson. We came here of our own accord, and how dare you try to pin the blame on a single, distraught human being.

Ken had no reason to lie in the beginning. You messed up, you posted an auction with no reserve, you called him and tried to reneg the deal so you could post the auction again. There was no motive for this man to lie. Why would he have any cause to imagine that so many people would read this and begin to despise your substandard business practices? I'm amazed that any manager, company or company lawyer would believe such an idiotic thing. So much for that college degree. You deserve the bad publicity and everything that follows.


Also, if he does have the financing from Capital One -- I had a credit card through them a few years ago, and I will say that they have terrible response time and horrible customer service. It wouldn't surprise me if they delayed just long enough to allow Husker Auto Group (HAG? lol) to seize upon this opportunity for last-ditch retaliation.


As for you Ken, I sympathize with you in your continuing plight, but I would seriously consider meeting their lawyer's claim with a counter measure and fight back, but don't take the car. Go to another BMW that has the color combo you originally desired, see if one of their sales people can get you a deal based off of your hardship, and walk away from these asshats. I wouldn't give them $60,000 or even $6 at this point. This is rediculous, undeserved, and only digging themselves a larger trench.

And I have informed everyone in my family, as well as my friends, to steer clear of this dealership. I got a few groans from the car enthusiasts, but rest assured that the word will spread through other channels. I'm sure a veritable legion of computer nerds in the Lincoln area will take their excess dollars elsewhere after reading this thread.

[viziers]

Looks like the masses might have to have a paypal acct to help Dooma out with legal fees, I mean if each person of the 200,000 donates $5 dollars that would be $10000000 think that would put a pretty good dent in the cost!


/rant ive had too much wine.

Edit: my math is way off!

vizi

[Technic]

Originally Posted by Laszlo

Regardless of financing... these days, anyone can get financing so I don't think Dooma is at fault here. There is something else going on here and I bet the other party wants this to stall so they can counter sue Dooma for damages. They played it out and it was a chess move.

Money seems to be the fundamental issue now... it cannot be regardless.

There were plenty of time to get at least 3 leasing companies line up to finish this deal by phone in a couple of hours. Come on, we all have bought/lease several cars already to know how this goes. So, for this Husker lawyer to come up with this simple defense means that there's not even reason for stalling, or the money is there or it is isn't.

Is simple. If the leasing company entered an agreement for payment with the dealer (be by fax, certified letter) then that is as good as money in their hands. That can be done in less than a day by fax, or overnight by certified letter. And that is as easy to prove as a copy by fax from the leasing company to Dooma or a receipt from the dealer.

So what's really going on, Dooma?

[midknight xrs runner]

A typical down payment is 10-30% of a car. What makes you think he wouldn't put the 10 grand down and have the finance company pick up the rest of the tab. If the dealership wanted this to go away, they wouldn't make Ken out to be a bum from RPV. I don't know about you, but the only people i know who live out in that area are tycoons and business execs. Glad you're for the consumer, but you're just not going to win this fight.