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

[UsedCarSalesmanwCombOver]

I wonder who did Fil's hair plugs. It looks completely natural!

[tivs31]

this is pretty darn amazing!!!!!!!!!

Personally if I were the dealership, I would love to be getting calls from all these sources, informing them that after some minor hickups, lincoln bmw is honoring it's mistake and selling Ken the car.

The best way out of this situation is to say, yes, we did screw up, and apologize. Exactley per the lawyer's statement.

This willl allow the whole situation to end and for them to begin to reclaim thier name.

The conditions are laughable as well, why would someone need to have any conditions on winning something they held a contract on? It's genuinly rediculous and I feel for you Ken.

[acidtrunks]

just in case yall didnt know this is now

[BMWI6]

I feel so bad for some of the sales team and other well-intentioned workers at the dealership. If their sales go down, which they probably will, they will all be affected in the short and long run. I think they still have a chance to make things right even if they weren't wrong to begin with. Just say something like, "we will like to prove to you that we are not who we are portrayed to be, give us one chance and we will blahblahblah... and offer an incredible deal on a 328 or something. Also they can either admit that what they did was wrong or if it is true that ken cannot pay for the car, PROVE it and portray it.

[Big Tuna]

Originally Posted by Scott_J_Tepper

I am Dooma350's (Ken’s) attorney. (The mods who see this post will also see from my IP address that it correlates to the law firm which is representing Ken.) Ken has asked that I respond to the post from Lincoln BMW’s attorney. Here is my response.

First, we aren’t playing games.

Second, Ken has done everything requested of him by the dealership in a timely manner. And he will continue to cooperate because his only goal is to get his car for the price he agreed to pay in the auction. We hope that will finally occur tomorrow. Ken has a BMW meet to go to on Sunday.

Third, neither I nor Mr. Maledon was listening in on Ken’s call with Mr. Catania. But it sounds about right to me that Ken would be importuned, again, by Mr. Catania to “control the press” (although that’s about as easy as “stopping the tides”).

It’s pretty clear why Mr. Catania wanted this to go away. Ken’s posts have unleashed a powerful swell of interest from all over the planet, focusing everyone’s attention on one seemingly insignificant eBay transaction where, after Ken was told he had won, he was then told by the dealership that his victory was a “mistake” and wouldn’t be honored. The mistake theme is repeated in Mr. Maledon’s post.

The seemingly insignificant eBay transaction wasn’t a trifling for Ken. To him it had significance, and his frustration in consummating it reverberated through the Web to those who themselves, or through others, have suffered losses from the so-called “mistakes” of wealthy businesses. The seemingly insignificant eBay transaction, reported by Ken on the Web to seek help from others, gave everyone a voice, and an opportunity to speak his peace, for some to disagree but for most to lend a hand, provide a word of encouragement, or a suggestion, or a helpful observation, or sometimes just to vent.

Into this maelstrom came a dealer that still doesn’t get it and wants it all to just go away. And that dealer is finally, begrudgingly, agreeing to the deal it should have manned up to last week. And only after Ken retained legal counsel to help him.

What’s the lesson to be learned? The Internet now allows us all to see when the emperor has no clothes, and to discuss his wardrobe incessantly. But it also allows people who have never met each other to get together and do something for the positive good, and to exchange ideas and support, and to learn from the mistakes of others.

Ken wishes Lincoln BMW no ill. All he wants is his car, at the agreed upon purchase price. And we are now told that will happen soon. But he also wants the right to speak out, to continue to speak out and, as Justice Louis D. Brandeis wrote, to allow “sunshine [to be] the best disinfectant.”

Mr. Maledon is an honorable man, representing his client’s interests. Please do not attack him or impugn his motives. The dispute is not with him. And Lincoln BMW is entitled to have its position articulated here, and anywhere else where it desires to be heard. However, there is no way that Ken will (or can) “control the press” or help Lincoln BMW “make this all go away.” That power lies elsewhere.

PWNED.


lol

[ideliver]

Originally Posted by Big Tuna

PWNED.


lol

How is Ken's attorney pwn3d??

[ATSR]

Originally Posted by Triple-Net-Automotive

eBay Listing fee: $40
eBay Sales Fee: $40
Brand New M3: $60,000
The bad publicity you get for screwing up: Priceless !

[kingdaviswaco]

Originally Posted by Laszlo

Same here. There is a lot of odd stuff going on. From Dooma's poorly written updates to perfectly written updates (other's have pointed this out)... it is as if there are two different people posting under the same name. Who knows. I sure hope this is a true story.

Don't fall for it.

Mr. Maladon comes on the thread (2nd time) and shows the first bit of humility and reason that we've seen from the Hukster auto group. Now according to Ken, this seemed to be the tact they took when the whole crap-pile blew up (when Ken asked us not to contact the dealer, they were working things out, yadda, yadda). Fair enough, but then we read the quote in the local newspaper, we hear from Ken the renegging of the deal and trash talk from Fil, and it seems that these folks just can't keep up appearances. To pile on, Mr. Maladon comes on board the first time and spreads the manure around just like the other jackasses at BMW Lincoln. Now, he's changed his tune. Good for him. As you can see, a lot of folks seemed to have softened up a bit, started take a look at both sides. A little humble pie goes a long way, to be sure. BUT . . .

I, for one, won't give those folks at BMW Lincoln/Van Tuyl any kuddos until the car is sold for $60K, but that still doesn't change the fact that they acted like a-holes, as their own words testify (check the local paper's story). And even then, I'll be leary of doing business again with a Van Tuyl dealership. When you're still playing the card game, don't let the sweat-talk blind you to the action going on under the table. (No, not that kind of action...)

And if Ken can't buy the car (I'm pretty sure he can), I say we all chip in a few bucks and donate the car to a legitimate charity.

[matoo]

carchic has also registered on our forums, http://motivemag.com, to post the same BS.
The IP for the user comes back to Omaha, NE.

Quote, originally posted by carchic »
Rumor has it he cant afford the CAR?

THE AUCTION ENDED FRIDAY. I heard that The general manager called Ken first thing monday morning agreed to sell him the car at the price he won it at but Ken didnt have the money. Rumor has it that the Gm had held the car through easter weekend for him and is still holding it for him. He is still looking for outside financing companies to fund him considering he doesnt have the cash to pay for it.

I want to know why he is bidding on a car he cant afford!!!

We will be watching and hoping for the outcome we all know is right.

[yogaflame]

Both of the legal eagles are.... without a better word... not too bright.

Fil has been argumentative, counterproductive, and just down right unprofessional. So... what do both legal eagles agree to?

They agree to have the OP call Fil to arrange the down payment. Sending the lamb into the lions den. SMRT.

Michael, for the love of god, please have someone competent at the dealership send Ken a manual PayPal invoice. Capiche?

[Los Angeles]

Ken, where's the M3?? What's Husky doin with your car?

[MyBlackCar]

Originally Posted by kingdaviswaco

And if Ken can't buy the car (I'm pretty sure he can), I say we all chip in a few bucks and donate the car to a legitimate charity.

I was just going to suggest that 60,000 (or less) of us chip in $1.00 and just buy the car for Ken if his financing does not go through. The charity idea is definitely better than mine.

I saw this thread from day 2 and it infuriated me. I will definitely go out of my way to avoid Huskar's parent company the next time I need a car.

Go Ken! Keep up the good fight!

[acidtrunks]

Originally Posted by BMWFM

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.

im behind so someone may have beat me to it but "dibs" is a way i call something like say the last piece of pizza,if i want it i say i got dibs on it.

[yogaflame]

Originally Posted by vwluver

My eyes hurt from trying to keep up with all these threads..

I find it funny that local news media wouldnt help me out when Husker Auto Group filed law suit against me.. they wouldnt even give me the time of day.. because Husker spends $1000's of money every month on advertising with local newspaper and tv... so they didnt want to upset the cash cow..

Now this ebay story is top news story because it happen to someone "not local" to use here in lincoln and its news else where.

The local newstory is funny. Its weird that is not quoted but i am quoting from the newstory in todays paper..

His dealership's service record is impeccable, Mathis said..

Ryan Mathis is the sales manager that started my whole lawsuit with Bmw of Lincoln.. impeccable... ha ha ha ha ha


Guy wins car on ebay, dealership wont sell him car... ok story at 10...

local dealership sues local bmw owner after he buys a new bmw x3, they stop payment on the check to pay off his trade in, bmw owner spends $5000+ on legal fee's ... - Not a news story in local newspaper... something just is not right...

vwluver, you seem to be complaining a lot, but as you can see, what you've been doing is crying over spilled milk and not being *proactive*.

Pay a bum $5 per hour to stand on the sidewalk outside of Husker (public property) holding a sandwich board stating "Husker screwed me, please visit www.badhusker.com for details"

When they contact you, and they will, ask for 110% of your out of pocket expenses and an apology.

OR

You can keep on complaining about your sob story and threadjack.

[jiggax23]

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

his info says he lives in ranchos palos verdes, if this is the case, and im assuming it is, i think it's pretty safe to say he would not have a problem affording the car

[-RAC]

Originally Posted by vwluver

My eyes hurt from trying to keep up with all these threads..

I find it funny that local news media wouldnt help me out when Husker Auto Group filed law suit against me.. they wouldnt even give me the time of day.. because Husker spends $1000's of money every month on advertising with local newspaper and tv... so they didnt want to upset the cash cow..

Now this ebay story is top news story because it happen to someone "not local" to use here in lincoln and its news else where.

The local newstory is funny. Its weird that is not quoted but i am quoting from the newstory in todays paper..

His dealership's service record is impeccable, Mathis said..

Ryan Mathis is the sales manager that started my whole lawsuit with Bmw of Lincoln.. impeccable... ha ha ha ha ha


Guy wins car on ebay, dealership wont sell him car... ok story at 10...

local dealership sues local bmw owner after he buys a new bmw x3, they stop payment on the check to pay off his trade in, bmw owner spends $5000+ on legal fee's ... - Not a news story in local newspaper... something just is not right...

well go try and talk to them now. the local news station that is. they may be interested now. tell me about this story and your story.

[vwluver]

Originally Posted by -RAC

well go try and talk to them now. the local news station that is. they may be interested now. tell me about this story and your story.

Its on my list of things to do tomorrow...


Ive already emailed the newspaper..

[rpmfoundation]

yeaa.. this post gave me a headache.. its better than kickboxing to get the frustration out.. hahah

[MyBlackCar]

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.

Mr. Maledon,

Let me say I am impressed with your courage to come onto this forum to defend your client. I am sure most of us understand this is your job and we do not have any grudge against you personally.

That being said, please keep in mind you are not preaching to the choir. We are all car enthusiasts here. There is a reason we refer to dealerships as "stealerships". Based on all the activity from this thread, your client is certainly portraying itself as the poster child of all the traits we find revolting.

While this story does make entertaining reading, it does our free market system a great injustice when sellers do not honor their agreements with buyers.

I am sure all of us want to see a fair resolution to this crazy mess. I hope your client will be reasonable and honor the agreement with the buyer.

[-RAC]

C'mon guys give vwluver a break. If it was anyone of us we would all try to be doing the same thing. He just wants to end his nightmare as well does Dooma.

[ersin]

Originally Posted by matoo

carchic has also registered on our forums, http://motivemag.com, to post the same BS.
The IP for the user comes back to Omaha, NE.




We will be watching and hoping for the outcome we all know is right.

Yea, and she (or whatever it is) thinks Fil looks cute.

[vwluver]

Edited See My Thread