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

[nightkhan]

Originally Posted by -RAC

These numbers still work. Taken right from the ebay ad.
Contact Michael Barrett
Phone: 402-479-7549
Alt: (866) 527-9225

Just a reminder to everyone, Dooma (Ken) has requested that we do not harass or purposefully make trouble for the dealership. This doesn't need to get any messier from our side. If anything, let the dealership screw up. Don't give them any reason to make us look bad.

Good luck with the deal Dooma!

[Garissimo]

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.

Scott, you represent your client honorably.

However, if Husker's lawyer comes to this forum to post a highly distorted version of the truth, he isn't going to get much love. I don't condone any harassment of the dealer, but by the same token I have very little tolerance for blatant dishonesty. It's a pretty rough playground here and most are not going to extend Mr. Maledon the professional courtesy you have been gracious enough to avail.

[BritBoy]

Originally Posted by -RAC

These numbers still work. Taken right from the ebay ad.
Contact Michael Barrett
Phone: 402-479-7549
Alt: (866) 527-9225

:read thethread:

Dooma has requested that we do not contact the dealer.

:read thethread:

[dltv]

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.



Wow I just had to join the forums. Caught news of this on Autoblog during my lunch and i must say it has been entertaining to read. I personally am all for the guy seeking the M3 as i would love to be the owner one day.

The reason i bring myself to joining and not just being a bystander is because of this arrogant attorney. His statement about how the Ebay listing was an error is just unfathomable when its clearly visible that this is not the company's first auction nor was the auction unaltered throughout the bidding process. If i remember correctly the reserve was changed multiple times.
Also i am unamused at the answer that the dealer was closed on Easter or that all businesses are closed for Easter? Are we certain this is even a true statement? I mean some dealers are open for "Easter Specials".

Secondly why would this dealer need an attorney so soon after the winning bid? Would they not just honor the bid and let the kid pay? Why would legal counsel need to be injected into this chaos of events.

I said my peace and maybe it makes sense, and maybe it doesn't im on a rant!

[kingdaviswaco]

Originally Posted by rainsux

> Does anyone have a list of all the dealership that Van Tuyl Automotive
> Investment Group owns?

There are two separate posts that account for the KS & TX dealers; maybe
20 of the ~60 VTAIG stores. Search the thread for "Showcase" and
"Arlington" to quickly find them.

My scan bots discovered that Cecil once dabbled in the aviation industry.
That was a clue to crawl the FAA flight plans to:Lincoln for the past week.
At this pointe, nothing obvious has yet been discovered. But I'm still
chasing flight plans and ownership records.

From an earlier post. May be outdated...

Here's a list of VT dealers from 2000:
Westway Ford, Irving, TX
Reliable Chevrolet, Richardson, TX
Camelback Toyota, Phoenix
Showcase Honda, Phoenix
Reliable Chevrolet/Mercedes-Benz, Springfield, MO
ABC Nissan, Phoenix
Trophy Nissan, Mesquite, TX
Vandergriff Chevrolet, Arlington, TX
Toyota of Richardson, TX
Van Chevrolet, Scottsdale, AZ
Pinnacle Nissan/Infiniti, Scottsdale, AZ
Showcase Pontiac-GMC, Phoenix
Crest Autogroup (Cadillac-Isuzu-Kia), Plano, TX
Cerritos Nissan, Cerritos, CA
Van Chevrolet, Carrollton, TX
Grand Prairie Ford, Grand Prairie, TX
Reliable Chevrolet, Tulsa, OK
Showcase Chevrolet, Dallas
Reliable Toyota/Lexus/BMW, Springfield, MO
Gwinnett Place Ford, Duluth, GA
Miles Chevrolet/Nissan, Decatur, IL
Huber Chevrolet, Omaha
Reliable Chevrolet, Albuquerque, NM

[ideliver]

Originally Posted by Laszlo

Love the photo. Nice hair.

I couldn't help myself..very little impulse control

[AML]

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.

[AML]

Originally Posted by -RAC

These numbers still work. Taken right from the ebay ad.
Contact Michael Barrett
Phone: 402-479-7549
Alt: (866) 527-9225

As discussed and requested ad infinitum, DO NOT contact Husker BMW or anyone affiliated with them for any reason even closely related to this situation.

[bradbmw]

This is old news...does anyone know if they (Autobytel and Van Tuyl) are still partnered up?

Irvine, CA. – November 20, 2006 – Autobytel Inc. (Nasdaq: ABTL), a leading Internet automotive marketing services company, and Van Tuyl (VT/AIG, Inc.), the nation's largest privately owned automotive dealership group, today announced that the companies have signed an agreement to create a national online customer referral program from Autobytel to VT/AIG’s dealerships. The marketing agreement will encompass Van Tuyl's franchises in ten states.

[omerfar23]

talk about drama this is getting very addictive. damn it I got other things just resolve this issue already.

also according to some guys on Autoblog.com this news made it on tv in Canada already..

http://www.autoblog.com/2008/03/26/u...ght/2#comments

Originally Posted by autoblog

Reply
vote up vote downReportHighest Ranked
Brad C
Brad C @ Mar 26th 2008 6:32PM

For Autoblog's information: this whole fiasco was talked about on Toronto CTV News - Channel 8. They even cited Autoblog
Reply
vote up vote downReportNeutral
cly
cly @ Mar 26th 2008 7:49PM

This story is also on TV in Vancouver. We get CTV as well. I guess you could say it made it across Canada. I wonder how far it will go. BMW Europe are you watching? Overlord mothership, are you watching? LOL.

[/I][/B]

[gundamfans]

Originally Posted by nightkhan

Just a reminder to everyone, Dooma (Ken) has requested that we do not harass or purposefully make trouble for the dealership. This doesn't need to get any messier from our side. If anything, let the dealership screw up. Don't give them any reason to make us look bad.

Good luck with the deal Dooma!

+1

Fully support your statement. Leave the dealership alone and we make our comments on the sidelines.

[murfysflaw]

Wow... just wow. I have been following this for the past few days and am absolutely amazed at what is going on. Do these guys not remember the whole Tylenol scare years ago? Could have been absolutely devastating for them, but they owned up to the issue/concern, bit the bullet and pulled all of their merchandise off the shelf. Cost them a fortune, but they survived because they did that.

These guys could make this go away so easily and with so little out of pocket. The story would die and they'd move on. But they insist on dragging it out and now have apparently brought legal counsel to this very site. I've never seen that before, and if that's really them, it's absolutely amazing.. the power of the internet.

Hang in there dooma. I hope we get to hear resolution to this very soon. Sounds like you have a hell of a lawyer on your side. Keep up the fight!

[SAABMW]

Originally Posted by rainsux

Gang,

It's getting even weirder:

We now have another new member named Scott J. Tepper (the name of
Dooma's attorney). How the heck do we authenticate him???

I am having a hard time believing that counsels for opposing parties would
both show up for a foodfight.

>>
>> Oh great, he posts while I'm typing my caution ... but at least he
>> addresses the authentication matter head-on. +1 for Tepper.
>>
>> I'm still willing to give Maledon the benefit of the doubt until the mods
>> weigh in.
>>
>> My WatchBots forwarding to the CrackBerry cannot keep up with the
>> the weirdness tonite.
>>
>> The next degree of weirdness will be if one of the Van Tuyl's or Holcomb
>> joins the party.
>>

How long before Fil's hairdresser shows up to defend his choice of hair style?

[av8thor]

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.

/tinfoil hat on

OK. If you have to point out in the first ten words of your post that your IP is legit, then I already smell a rat. IPs can be spoofed by the savvy.

It's just like real estate. If the name on the sign in front of the neighborhood includes the word "Estates," you can be guaranteed they are NOT.

Just because I'm paranoid doesn't mean this isn't all bunk.

In fact, I'm going out on a limb here and am going to propose something crazy... Maybe the whole deal is a hoax. PROBABLY not. But if it is, you heard it here first, folks. (I think)

/tinfoil hat off.

[-RAC]

Originally Posted by AML

As discussed and requested ad infinitum, DO NOT contact Husker BMW or anyone affiliated with them for any reason even closely related to this situation.

Please, do you really think the dealership is going to give in after all this? I agree he should get the car at the winning price. But this stealership will do nothing but play hard ball and tie him up in court. Dooma should file a lien against the car. Besides I never told anyone to call.

[TahBOSS]

where is dooma?

[rainsux]

> Van Tuyl's franchises in ten states.

Okay; so we've got: NE, KS, TX, AZ, MO, OK, CA, NM, IL & GA

I've got eight more spiders to write. Ugh.

[omerfar23]

Originally Posted by -RAC

Please, do you really think the dealership is going to give in after all this? I agree he should get the car at the winning price. But this stealership will do nothing but play hard ball and tie him up in court. Dooma should file a lien against the car. Besides I never told anyone to call.

how could he file an lien against the car when he doesn't even own the car??

He could ask for injunction that would halt any sale of the M3 sedan in question to another customer or if he is really brave he could ask for halting of all sales at this particular BMW dealership in NB.

[AML]

Originally Posted by -RAC

Please, do you really think the dealership is going to give in after all this? I agree he should get the car at the winning price. But this stealership will do nothing but play hard ball and tie him up in court. Dooma should file a lien against the car. Besides I never told anyone to call.

Not completely directed at you, but in general to anyone who (still) thinks being a hardass over the phone is going to help the case or that threatening the dealer employees will increase their girth exponentially.

[bdaw]

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.

"Can I get a do over? If I can't, can I hold onto this M3 bargining chip till I get my way?"

IMHO - the dealership had every opertunity to control the press by selling him the car and being and honorable dealership.

IMHO - the dealership has every opertunity to contol the press by selling him the car and being an honorable dealership.

IMHO - this could be the best thing that ever happened to the dealership or the worse thing to happen to the dealership. It's their move.

[av8thor]

Originally Posted by rainsux

> Van Tuyl's franchises in ten states.

Okay; so we've got: NE, KS, TX, AZ, MO, OK, CA, NM, IL & GA

I've got eight more spiders to write. Ugh.

Are any of them BMW dealers in Dallas or Ft. Worth? I want to know who to avoid. I tried to look this up earlier but had a hard time finding anything concrete.

Thanks!

[Technic]

Originally Posted by Michael Maledon

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.

Your version of events simply does not make any business or legal sense. It does prove that the company that you represent is trying very hard to get away with a blatant eBay scam, though.