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03-28-2008, 06:43 PM | #1916 | |
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03-28-2008, 06:45 PM | #1917 |
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03-28-2008, 06:47 PM | #1920 |
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Drives: E60 M5, E71 X6M, E46 M3
Join Date: Feb 2008
Location: At the gas station
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Garage List 2006 BMW E46 M3 'vert [0.00]
2008 BMW M5 [0.00] 2011 BMW E92 [0.00] 2012 BMW X6M [0.00] 2003 E46 M3 [0.00] |
A quick legal question...( i know this is a car forum...but most people are spot on with replied)
Can a private individual successfully sued for libel? If so, any cases? It is my understanding that I can say..."Fil is a tool and do not do business with him?" and put it on a sign and walk around town..and no one could successfully sue me. Am I wrong? Because the new lawyer is threatening just that
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Current: 2006 E46 M3 'vert 6-sp 2008 E60 M5, 2011 E92 328 6-sp, 2011 E70 N55, 2012 E71 X6M
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03-28-2008, 06:49 PM | #1921 | |
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i'd like an ip check also. VTAIG is privately owned ? well, it sucks now that the public is aware of their actions or tolerance/encouragement of such actions. they could either sell the car at terms and take a loss, or never be able to sell a car again. seriously, someone should be giving a small index car with this forum's thread URL to anyone potential customer that walks out of that dealership. **guys, i'm new, but for the affiliated other dealerships, don't cause trouble directly. just pass the word out, and don't give your hard-earned income to any of the other dealerships owned by VTAIG. |
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03-28-2008, 06:50 PM | #1922 | |
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03-28-2008, 06:51 PM | #1923 | |
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03-28-2008, 06:51 PM | #1924 | |
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**guys, i'm new, but for the affiliated other dealerships, don't cause trouble directly. just pass the word out, and don't give your hard-earned income to any of the other dealerships owned by VTAIG. |
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03-28-2008, 06:53 PM | #1925 |
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UNREAL, but not expected to be honest. I am fortunate to have dealt numerous times with an upstanding and honest dealer whom I return to even though I live out of state (Strong Audi/Porsche in SLC, Utah) and have not had to deal with this kind of garbage.
Ken, everyone is pulling for you (well, most everyone) and I hope is gets resolved soon one way or another. This has to be very stressful at the least. |
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03-28-2008, 06:54 PM | #1926 |
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On behalf of Husker BMW, the following is an update on this situation.
Per the conditions of the eBay auction, the successful bidder is required to purchase the vehicle within 72 hours. After acknowledging its initial mishandling of the situation, Husker gave Mr. Tanisaka another fresh 72 hours to consummate the transaction at the $60,000 bid price. There were absolutely no conditions attached to that offer. This 72 hour period has now expired. Husker BMW will agree to extend the time period for Mr. Tanisaka to purchase or lease the vehicle until the close of business on Monday, March 31, 2008, which is now the dealership's second 72 hour extention of the time period. There have been baseless details reported concerning the dealership’s handling of these negotiations. The fact of the matter is that Mr. Tanisaka has supplied the dealership with no financial information, and refused to allow the dealership to assist his efforts to obtain financing. Contrary to statements made, Mr. Tanisaka has never presented the dealership with pre-approvals from Capital One, BMW, or any other financing source. Instead, Mr. Tanisaka chose to seek leasing terms through a financial institution of his selection. Husker has attempted to accommodate Mr. Tanisaka at every turn, including providing everything requested by his outside financing company in a timely manner, but no funding has been received. While Husker does not intend to suggest that Mr. Tanisaka does not have the financial wherewithal to consummate this transaction, any inferences that Husker has been delaying his consummation of the transaction are entirely unfounded. In fact, Mr. Tanisaka has routinely been dealing very cooperatively with Husker’s sales manager and has been very complementary toward him. Another unreported fact is that, as a gesture of goodwill, Husker offered to pay to fly Mr. Tanisaka to Lincoln to take delivery of the vehicle, and also offered to pay the costs associated with shipping the vehicle in a covered truck from Lincoln to California. Husker does not seek to silence or in any way limit the rights of those who wish to express their opinions on this now widely publicized ordeal. But based on several reckless distortions and omissions of fact, the dealership and its employees have been grossly mischaracterized. Husker acknowledges and commends the comments posted by Mr. Tanisaka, his attorney, and the many others that have requested the personal attacks to cease. Husker would ask Mr. Tanisaka to go one step further and provide his truthful commentary on his agreement, or disagreement, with the statement of facts set forth above. Husker will hold the vehicle in inventory for Mr. Tanisaka until the end of business Monday. For the sake of all involved, Husker BMW would like nothing more than to have this saga end with Mr. Tanisaka proudly driving his new E90 M3 and showcasing his “Husker BMW” plate frame throughout Southern California. |
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03-28-2008, 06:54 PM | #1927 | |
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While this thread technically fits the basic definition of libel, this is not an actual circulated medium. Users must register to post here, or actively seek out information from this source. Also, I believe that in order to sue for libel, you must first be able to prove that the individual actually printed/published misleading or false information. As I stated earlier, I feel there was really no motive for Dooma to begin this thread with fake info; he was merely seeking advice for a situation that occurred on eBay. A few minutes ago, the thought also occurred that most of the publicity was not actually Ken's fault. Some of us forwarded this thread to other sources (fark.com, autoblog.com, consumerist.com, The Lincoln Journal Star, etc. etc.), and spread the word. I fail to see how they expect to prosecute this case with so many anonymous individuals involved. |
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03-28-2008, 06:54 PM | #1928 |
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"I corrected Michael, and told him your company may have revenue in the millions, but you make 35K a year, screwed the pooch on this one so lets not get carried away."
Cool
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03-28-2008, 06:57 PM | #1929 | |
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tell your client that he's doing the same thing...ignoring a bid and now, ignoring or rejecting valid payment -- so that it doesn't count. if the dealership is earnest, cover the expenses for airfare and basic amenities to accept payment in person. think about it..if your client goes broke, do you still get paid ? and worse than that, you'll add a loss to your win/loss ratio. ya know, i think its bout time dooma take a trip. i'll bet they'll be betting against him that he won't make the trip. bring the local news station and lets see if this thing can get done in person in front of the press. |
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03-28-2008, 06:59 PM | #1930 |
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I began reading this story regarding an M3 auction when there were only twelve pages. By the time thirty pages had been posted, I decided that there must be some respectable dealerships out there. I then realized how much we need a tool that would help us stay away from disreputable dealerships and ensure that we take our business to highly regarded places.
By page fifty-four, I started work on www.thetopcardealers.com with the intent for it to become an arena where recent car buyers can rank and vote on the top car dealerships. Potential car buyers would then be able to make a more informed decision as to where to take their business to get the best treatment possible. So, Ken congrats on getting your car and in leading a successful fight to get what you deserved from the beginning. Darnit! It seems like you are still having trouble… I just sent you a PM. Guys, it is up to page 93 now, and www.thetopcardealers.com is out in the open. I need you guys to fill the site in with your experiences from dealing with fine and not so fine dealerships. Hopefully we can someday become as viral as Ken’s story is, and we can accomplish the following goals: - Be the foremost reviewer and ranker of The Top Car Dealerships not only in North America but across the globe. - Reward the fine car salespeople and dealerships out there with more traffic from potential car buyers. - Protect potential car buyers from dealing with dealerships or salespeople that might make us go through the stress that Ken is going through and many others have gone through before. Thanks and good luck Ken! Mario Last edited by mprbkn; 03-29-2008 at 12:13 AM.. |
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03-28-2008, 07:01 PM | #1931 | |
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They can't. It would cost them untold amounts of money to find and sue that many people. And also, most of the people whom they would sue are outside of the jurisdiction of the courts in which they would sue. So it's basically a BS scare tactic. |
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03-28-2008, 07:02 PM | #1932 | |
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03-28-2008, 07:13 PM | #1935 | |
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2008 E90 M3, Jerez Black, Black Nappa, Brushed Aluminium, 6-speed, Premium, Tech, Cold Weather *sold* |
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03-28-2008, 07:13 PM | #1936 | |
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It's like they put the second one out to try and make it sound like thye were trying to reasonable.....which the first one certainly didn't. Damage control / limitation? Like they read the posts after the original statement and realized they had just dealt their own client another PR body blow! Last edited by BritBoy; 03-28-2008 at 07:20 PM.. Reason: Added text |
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