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      03-26-2008, 06:30 PM   #1299
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Quote:
Originally Posted by naugahyde View Post
Hey there mike, didn't the auction state NO RESERVE?
no, it just said something along the lines of being the lowest priced m3 on ebay/online
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      03-26-2008, 06:32 PM   #1300
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Husker, learn from Netflix:

http://consumerist.com/372385/netfli...mondays-delays
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      03-26-2008, 06:32 PM   #1301
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Quote:
Originally Posted by Laszlo View Post
This whole thing is getting a little weird.
+1. Guess I'll have some more Anyone want some ??
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      03-26-2008, 06:34 PM   #1302
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.

you are full of it based on what he said in the local paper, or did you not read fils own comments?
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      03-26-2008, 06:35 PM   #1303
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I think I'm going to have to call shenanigans on this Husker rep post.
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      03-26-2008, 06:35 PM   #1304
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.
LOL, your a liar too! How was it a MISTAKE when they pulled the EXACT same thing on a 2003 Z06 on eBay resulting in a negative feedback? Explain that Mr. Lawyer... Looks like you truly cannot back your story up. Too bad for you.
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      03-26-2008, 06:35 PM   #1305
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Thumbs down

Michael B. Maledon, Esq...

Will do ANYTHING for $$$$$$$$$$$

D*CK!
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      03-26-2008, 06:36 PM   #1306
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Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.
I would suggest to you that the "Much of the information ... wholly without merit" is the line of bull you got from Fil, et al. from Husker.

Sad that you would believe them. Even sadder if you know better.
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      03-26-2008, 06:36 PM   #1307
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I'm going to follow this whole thing ends.

For Husker, the best form of clarifying and turning around the situation is not to post something and point fingers at Ken Tanisaka but to facilitate the deal and make it happen.

Indeed, hearing both sides is important, but Husker is clearly at a disadvantaged position in terms of credibility. Action, action, action Husker!!!
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      03-26-2008, 06:37 PM   #1308
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Quote:
Originally Posted by naugahyde View Post
I think I'm going to have to call shenanigans on this Husker rep post.
+1. Have some - tastes great with grated cheddar cheese on top....
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      03-26-2008, 06:38 PM   #1309
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Quote:
Originally Posted by bmw-m6 View Post
i think BMWNA and ebay are nervously and passively watching if case escalates. and husker is clearly stalling for space for their legal team to work some kinda magic technicality/loophole. i say just sue and catch them off guard. after hearing this, i wouldn't be surprised if ebay motor's division folds, generating *ZERO* income for any party.
Hmm, I've pondered your last point as well.

Could one high profile 'Bad Deal' bring the whole thing down? I don't think so.

Could the attention the site will surely now get with regard to shill bidding and sharp practice, drive people away? Quite possibly, but I guess the question is 'How many and for how long?'. It's big business and not everyone on there has questionable business ethics and not everybody gets screwed, or it would have gone already.

I think people will be more wary and there will be greater pressure on eBay to put more money into weeding out the bad guys, but I think it will definitely survive.
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      03-26-2008, 06:39 PM   #1310
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Thumbs down

Quote:
Originally Posted by Michael Maledon View Post
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.

Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.

Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)

It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.

Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.

Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Michael B. Maledon, Esq.
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      03-26-2008, 06:39 PM   #1311
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Quote:
Originally Posted by lando View Post
Ken:

I have been watching this develop since your first post this past weekend. As a BMW car fan, a E92 M3 owner, and as a lawyer, I am fascinated by this story and respect your resolve. The negative PR for this dealership--especially on the internet--is truly astonishing.

While I don't agree with their conduct--in fact I am adamantly opposed to dealerships that behave in this manner--I am not surprised the dealership tried to hardball you at the outset. What astonishes me, however, is when the pr machine started to get rolling, the dealership failed to realize how much positive publicity it could have generated by simply honoring the deal. They simply could not have gotten more positive pr for their buck than if they had just agreed to eat the $6,000 and sell you the car at the final auction price.

Your story, combined with reading many of the other postings, including a posting that included a link to the Edmunds article called Confessions of a Car Salesman http://www.edmunds.com/advice/buying...2/article.html has helped expose the systemic nature of the shady (and often illegal) business practices in which the car dealers engage.

As many others have said, car dealerships, like any other business, are entitled to make a profit, but the way in which they make their profit is so inherently dishonest that it is truly offensive (yes, this is coming from a lawyer--no flames, please). Anyway, good luck and continue to let your legal counsel work for your interests. I know California has an unfair business practices law that should allow you to recover attorneys fees from the dealership when you win. I am not sure in what state the litigation will take place, but hopefully you will get your car and end up recovering any damages and attorneys' fees from what certainly appears to be an unscrupulous dealer.
couldn't agree more here, the methods make the difference.

this is ridiculous that BMW-North America isn't doing anything (or at least it seems that way). shouldn't they have given you some sort of letter correspondence of a general letter ?

me and my colleagues/classmates have already begun associating BMWNA of allowing and tolerating such unethcial and illegal tactics all for profit, with NO disregard for customers who pledge their loyalty with their hard-earned money. i'm sure lexus and other manufacturers would appreciate the extra business from ex-bmw owners.

ebay is a risk, sometimes you win/sometimes you lose (getting outbid at the last minute). they took the risk, and they should live with it. i hope the legal notice mentioned anything with anguish,stress/legal fees that Ken can recouperate.

this reminds me of the dumb judge from washDC who thought he could muscle a dryer cleaner, but instead got disbarred and bankrupt.
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      03-26-2008, 06:40 PM   #1312
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anyone else find it funny that moose shows up again after the "rep" makes a post? Didnt he say he was done posting but an "official post" from BMW of lincon shows up and bam hes back
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      03-26-2008, 06:40 PM   #1313
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Quote:
Originally Posted by MadDog View Post
+1. Have some - tastes great with grated cheddar cheese on top....
thanks, mine's from kettle korn, real one, not the microwave.

Although the post from Bill S. Preston, ESQ (wild stallions!) is dumb enough to actually be for real, I think I'm still gonna have to call it...
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      03-26-2008, 06:42 PM   #1314
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Lightbulb

Quote:
Originally Posted by bmw-m6 View Post
couldn't agree more here, the methods make the difference.

this is ridiculous that BMW-North America isn't doing anything (or at least it seems that way). shouldn't they have given you some sort of letter correspondence of a general letter ?

me and my colleagues/classmates have already begun associating BMWNA of allowing and tolerating such unethcial and illegal tactics all for profit, with NO disregard for customers who pledge their loyalty with their hard-earned money. i'm sure lexus and other manufacturers would appreciate the extra business from ex-bmw owners.

ebay is a risk, sometimes you win/sometimes you lose (getting outbid at the last minute). they took the risk, and they should live with it. i hope the legal notice mentioned anything with anguish,stress/legal fees that Ken can recouperate.

this reminds me of the dumb judge from washDC who thought he could muscle a dryer cleaner, but instead got disbarred and bankrupt.
BMWNA does NOT want to look bad, by agreeing with either side.
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      03-26-2008, 06:43 PM   #1315
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> Interesting developments.

Indeed! I'm astonished & thrilled that VTAIG came to the party. Pass the
popcorn, please. Here, have a cold beer. <munch> <munch> <munch>



-doug
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      03-26-2008, 06:44 PM   #1316
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well just give moose a break. the main players of this whole incident is dooma (ken) and husker.
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      03-26-2008, 06:45 PM   #1317
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I think the lawyer post above from Husker is BS. Total BS. itactually contradicts everything we heard so far.

Damn, good thing is that Ken is getting offers from others. I see dealers are loving this - nice way to pinch husker for them.


Amazing thread though, havent ever seen anything like that. A million views? has tobe some sort of record for the time this existed!
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      03-26-2008, 06:46 PM   #1318
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After Ken gets his M3, I will be calling BMW of Lincoln (after the deal is sealed and confirmed of course) and will blatanly ask if Fil has been fired yet.

I am a Mercedes owner and have many friends/relatives who are BMW owners (of course they are great cars) who tell me of horrifying dealership experiences. BMW of Lincoln will be closing for "unknown reasons" very soon.
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      03-26-2008, 06:46 PM   #1319
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Quote:
Originally Posted by toddy33 View Post
Y'know, the funny thing to me as I step back for a moment is just how compelling all of this is for its own sake.

I have no ax to grind at all...matter of fact, I got truly outstanding treatment from the Internet sales department of the dealer I dealt with for a new Lexus just two months ago...they quoted honestly and fairly between invoice and MSRP, paid me KBB for my trade, and I even was greeted with a slightly better interest rate and lower payments when I actually showed up at the dealer. Before that for the last 10 years, I've been dealing with a local Saturn dealership that is truly above and beyond stellar in all its dealings.

In short...I've had nothing but happy experience with car dealers.

Yet, I find myself almost biting my nails and wearing out my F5 key here. I genuinely care about what happens to an obviously nice guy, and I am blown away by the sense of community surrounding this place. Something very positive is going on here.
you're lucky to have pleasant experiences. but say the next guy tried to scam ya, but you walked... you'll be skeptical of the next saleperson. all it takes is one rotten experience to ruin for everyone. any ya'll in sales, take this as a lesson learned.. you colleague messed up, and we all (buyers/sellers) here should learn from it. don't stick to a sales-bretheren when they're wrong. all it takes is one rotten experience to ruin for everyone, so know that its an uphill battle. all that sweet talk means nothing if you treat customer's like that post-sale.
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      03-26-2008, 06:48 PM   #1320
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Lazlo,

If my son screwed up my business this badly...consider his a*s fired!
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