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

[C4talyst]

Originally Posted by DailyYeah

Now that I visited the auction's page, I realize what I wrote is incorrect: You're not getting the car, because of the following reasons.

You may be an attorney and you may be correct in your interpretation of the law. However that doesn't mean he's not getting the car. You're not taking into account the negative publicity this dealer has received. I would venture to guess that this thread will cost them a few sales, which is a bigger loss than they would've taken if they had simply honored the auction.

[qortra]

calling/contacting the dealer

I guess Dooma can confirm or disconfirm this (we should do whatever he wants), but in my experience:
BBB = cool
Ebay comments = cool
Consumer Awareness (eg. Consumerist or local news)
Letter/Email writing campaign with reasonable content = cool
Calling/In-Person-Confrontation/Threats = VERY UNCOOL

If people become assholes in trying to solve this, they lose the moral highground.

[BlackStar]

Almost read through 600+ posts...
This story is going around the world! Saying hello from Tokyo. OP definitley has my support!

I can't believe there are actually people in here supporting a car dealer obviously doing business not being kosher. "Poor" salesman who get's fired for making a "mistake"? Oh come on... cry me a river
All this negative press for $5k... (or even more by now). Interesting to see what people/companys spent money for...

Don't let loose Dooma! You have and get more support then you can think of.

Cheers!

[JThw8]

Another supporter checking in.

And Dooma, someone briefly hit on it a few pages back but just to emphasize.

If you really intend to pursue this you need to send the deposit money, either via paypal or certified check. Their terms in the auction specifically state that if the deposit is not paid in 7 days then the contract is voided. If you attempt to pay and they do not accept the payment at least you have fulfilled your side of the agreement and it gives you more leverage should this drag on past the 7 days (which I fear it will)

Best of luck to you, stick to your guns, you are in the right here and dealerships like this cannot continue to be allowed to get away with these antics.

[Brookzors]

Originally Posted by BlackStar

All this negative press for $5k... (or even more by now). Interesting to see what people/companys spent money for..

Exactly. This has cost them far more then $5,000 bucks even if they don't end up selling the car to him. Word of mouth is a beautiful thing.

[BMWridin89]

Hey I came over here to show some support from M3 forum.

This is complete BS that car is yours and the dealer should not hold you accountable for a mistake they made. They thought they were going to be smart and get away with selling a M3 for 100k or something and their plan backfired.

I am happy to see all the bad publicity this place is getting hopefully it will teach other dealers to be less irritating.

I wonder if you can make them pay you back for all the expenses that this is costing you, lawyers and all those fees. Really you shouldn't need to be doing this its your car.

Well anyways man goodluck.

[JoeClothing]

This is awesome....as a Professional ebayer myself I would advise you to keep moving forward....these guys owe you a car and they are contractually obligated to make good on the deal.

[thetastelingers]

Good luck on picking up your car.
IMO they owe you a car for 60k
for 5 or 7 days they couldn't figure out what mistake they made?

They will make that 5k back on the next car they sell. I don't see the big deal. Caulk it up as a learning experience, and do the customer good.

[gundamfans]

I'm a E90 335i owner, but here to support you man. Don't let dealerships get away with fraudery. And if I were eBay, I would side with whoever is right, I know they're middle man, but for eBay's reputation and to set the example right, eBay will condemn the party that's not honoring the contract.

[UsedCarSalesmanwCombOver]

Originally Posted by BMWBLOG.COM

I think he should definitely contact them. From what I know, customer satisfaction plays an important role when BMWNA gives out the yearly allocation to the dealers.

He has nothing to lose by contacting them.

BMW only cares about CSI from those who actually bought from the dealership and not from those who call based on an EBAY auction that has gone sour.

Of course, as this story continues gain momentum, BMW NA will have no choice to step in. But Ken is right. You guys need to stop harassing the dealer.

[joes3series]

Originally Posted by JThw8

Another supporter checking in.

And Dooma, someone briefly hit on it a few pages back but just to emphasize.

If you really intend to pursue this you need to send the deposit money, either via paypal or certified check. Their terms in the auction specifically state that if the deposit is not paid in 7 days then the contract is voided. If you attempt to pay and they do not accept the payment at least you have fulfilled your side of the agreement and it gives you more leverage should this drag on past the 7 days (which I fear it will)

Best of luck to you, stick to your guns, you are in the right here and dealerships like this cannot continue to be allowed to get away with these antics.

I agree that it may make his side seem more right and give him more leverage, but in the eyes of the law this shouldn't be necessary as the other party to the contract has already declared they will not honor the contract thus causing a breach, so I don't think he needs to. Not to mention, I wouldn't send that chunk of money to people I already don't trust.

[Dave_H]

I am usually on the E90POST forums but I just saw this hit the main page on Fark... good luck getting your M3. Hope these boards don't get Farked today.

http://forums.fark.com/cgi/fark/comm...IDLink=3488356

[nootrac22]

at the very least they are not living up to company philosophies


http://www.bmwgroup.com/bmwgroup_pro...home/home.html

With the three brands, BMW, MINI and Rolls-Royce Motor Cars, the BMW Group has its sights set firmly on the premium sector of the international automobile market. To achieve its aims, the company knows how to deploy its strengths with an efficiency that is unmatched in the automotive industry.From research and development to sales and marketing, BMW Group is committed to the very highest in quality for all its products and services The company's phenomenal success is proof of this strategy's correctness.

I would say that this is far from the highest quality service.

[JasenWFO]

I'll wash up my dirty old BMW, swing on over there and see if I can snap a pic or two of your car.
The way I see it. They owe me 4 hours of my time anyway after the last time I went there and tried to buy a truck and just jerked me around trying to get over sticker for a run of the mill Silverado. Wound up driving 90 miles away and bought one in 20 minutes, higher value and treated me like gold.

Husker Auto Group =

[dlpruk]

Originally Posted by PhaseShift

I am a new member here; specifically to support this thread and make a comment. I have to say that the dealership must be collective _MASTERS_ at screwing up a free lunch. What a missed opportunity to turn this into positive press.

What if it had gone like this for the guy who won the auction - “Yeah, this is the BMW dealership, we messed up on the price we set, but you won the deal, fair and square. Man, the boss is really going to be steamed at me… Say, how about doing me a favor and telling your buddies and my boss how well you were treated by me (sales guy) and how we (the dealership) did the right thing even though that did not turn out like we planned?”

Simply doing that would have turned this fiasco into a completely different deal. Clearly that is not what happened and the mindset at that dealership is evidently not supportive of this sort of thinking.

After many years running my own public relations consultancy, until I retired, may I just say

[tivs31]

Originally Posted by JThw8

Another supporter checking in.

And Dooma, someone briefly hit on it a few pages back but just to emphasize.

If you really intend to pursue this you need to send the deposit money, either via paypal or certified check. Their terms in the auction specifically state that if the deposit is not paid in 7 days then the contract is voided. If you attempt to pay and they do not accept the payment at least you have fulfilled your side of the agreement and it gives you more leverage should this drag on past the 7 days (which I fear it will)

Best of luck to you, stick to your guns, you are in the right here and dealerships like this cannot continue to be allowed to get away with these antics.

gotta say that this might be the best piece of advice in the thread.

Dooma, go through all the proper actions as if you won the auction and are following through with your end of the contract. Alot of this back and forth might be just to stall you to get out of the contracted terms.

I gotta say that through all this I think the reason we are all so behind you is because of everyone's emotions towards dealerships. I think everyone has A. either been scammed or tried to be scammed by a dealership or B. personally know someone that has been scammed or tried to be scammed. In this situation it is pretty clear to alot of us that this is a way for all of us to "get back at the dealership", in our little way by posting something on this site, or linking it up to another publication, or just simply by wishing you the best dooma.

I gotta say that you have been very straightfoward and honest in your conduct on the site, and have played all your cards very properly. I think the post on saying not to directly spam the dealership is great as well.

1. They know how much of an issue was brought up with this thread, which the whole dealership sales team is watching and or posting (which is just fine, this is a free discussion site, so let them talk). ad through the autoblog and or news coverage

2. They know that they did mess up,

3. I am sure they are working on what to do, which is thier right, so no matter how many calls come in, it will not help this get resolved.

Anyway I wish you the best man, I think you have done everything perfectly so far, and hope that all goes will in a few hours.
G

[marcos]

fantastic support--shows the power of the internet. Hope it all works out.

[nootrac22]

www.facebook.com/networks/50434901/Husker_Auto_Group/

this thing has spread, just google "bmw of lincolin" 3 of the top 10 results link to this thread (or this thread from another site).

[stlmini]

This could be precedent setting. We’ve heard from a lot of lawyers and other professionals. It seems to me there is not a clear decision as to what LEGALLY should happen. Logically and emotionally, it's very clear.

eBay should be very interested in how this turns out and should hope for the seller to prevail. If you cannot be sure that when you win an auction on eBay that you actually going to get the item then there goes eBay's credibility.

Someone in an earlier post said eBay would side with the seller on this because they are paying the bill but I disagree. eBay is nothing without sellers AND buyers.

[JDiddy06]

This is unbelievable, I started reading this last night and boy was I suprised when I checked back today lol. Amazing support for the OP, this looks pretty open and shut. Get your garage ready because theres an M3 coming! Good Luck!

[1º]

Originally Posted by nightkhan

If you go over to his blog and check out his video.... http://dailyyeah.com/about/

in the video...

I'd say my niche or target market would "interesting things"

:rofl: :rofl:

[Brookzors]

Originally Posted by nootrac22

www.facebook.com/networks/50434901/Husker_Auto_Group/

this thing has spread, just google "bmw of lincolin" 3 of the top 10 results link to this thread (or this thread from another site).

"Sorry, more people must join this network before a page can be created for it."

No worky?