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

[XXL]

I just came for the popcorn party...

State of Arizona corporate records for AUTOMOTIVE INVESTMENT GROUP, INC.

Cecil Van Tuyl's political campaign contribution information

same for Larry Van Tuyl




I'm 3 states over and have no interest in BMW's... but I can guarantee that I'll check to see if AIG owns any dealership I'm planning to buy from in the future. AIG can eat toe jam.

[gundamfans]

exactly, if dealership had good and sincere attitude, honored the deal and made a smooth and quick process, it would raise the dealership's reputation, and more people might go there to buy BMW's from them.

Now, with all this publicity, I doubt anyone would go to BMW of Lincoln to buy BMW's except for those who totally didn't know about the whole incident.

[Shorebird]

Earlier today (1:19) I posted about having talked to somebody at Husker. What I did not post was that Doomas' car was still listed on their website as being for sale. I justed looked and now they do not have any M3s' listed. And yes it was Doomas' car as the VIN # matched the auction.

[AYF82M4]

Thanks, Scott.
Guys, just to confirm, Scott_J_Tepper is my attorney's handle, I did ask him to respond on my behalf. Scott has done a phenomenal job thus far, and his involvement has allowed us to really take it to the next level, in an effort to reach resolution.

[gundamfans]

Originally Posted by dooma350

Thanks, Scott.
Guys, just to confirm, Scott_J_Tepper is my attorney's handle, I did ask him to respond on my behalf. Scott has done a phenomenal job thus far, and his involvement has allowed us to really take it to the next level, in an effort to reach resolution.

good to see you back dooma.

We're all here to support you, and hope that you get your M3 asap.

[acidtrunks]

Originally Posted by naugahyde

I think I'm going to have to call shenanigans on this Husker rep post.

OFFICER BARBRADY,ARREST TAT MAN SHENANIGANS,SHENANIGANS!!

[ideliver]

Originally Posted by XXL

I just came for the popcorn party...

State of Arizona corporate records for AUTOMOTIVE INVESTMENT GROUP, INC.

Cecil Van Tuyl's political campaign contribution information

same for Larry Van Tuyl

$25,000 to the RNC...damn...I wonder if he was a "Ranger"

[hyun86]

Hello, Im from Mazda3forums and mazdas247.com and heard about this from autoblog. (Will be posting this on those forums so that more people are aware of it)

Does anybody know the name of dealers this corporation own in Georgia? I would like to let my friends and family know so that they can avoid these low class dealers

[acidtrunks]

Originally Posted by SmoothKnight

Just saw this on Ebaumsworld forum, and I just wanted to add my support from Iowa, sent this to everyone I know, keep their nuts in a vice bud!

wow ebaums world..lot of great times using their soundboards for prank calls,i wonder how fil woud react to a call from michael jackson or arnold shwarzanegger (thats wrong i know)

[UsedCarSalesmanwCombOver]

Like the Democratic Presidential primary, let's hope this continues to play out with Cornholer BMW continuing to stick it's stick shift up it's muffler and have it eventually end up in the WSJ.

[ersin]

Originally Posted by ideliver

$25,000 to the RNC

That explains the hair then. Otherwise they would have let him see John Edward's hairdresser.

[man02195]

Originally Posted by dooma350

Thanks, Scott.
Guys, just to confirm, Scott_J_Tepper is my attorney's handle, I did ask him to respond on my behalf. Scott has done a phenomenal job thus far, and his involvement has allowed us to really take it to the next level, in an effort to reach resolution.

Sorry you had to resort to legal assistance, and hopefully there's some agreement where it doesn't sap away every buck you saved on the auction. Obviously we're all pulling for you, lurkers and posters alike.

[ascari_2]

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.

Mr. Maledon, I realize you're put in a precarious position to defend a client like BMW of Lincoln, and I sympathize with you, but please explain this to me.

My understanding is the following. An eBay auction is a legally binding document that can stand up in the court of law. Generally, the a contract is formed upon the completion of the auction with the buyer offering to purchase the car for the price that he bid and the seller accepting that price (signified by the auction’s closing). The rest is governed by the UCC.

Now you state that a $1000 deposit was not paid within 24 hours, but that clearly can’t go against Ken as he was barred from doing so by BMWoL themselves. A contract for the sale of a car was formed. Now you contend that the lack of the reserve was a mistake. But as already stated, the auction was changed a number of times, and as such it’s very unlikely that this was NOT noticed. In addition, this is not a first eBay auction, and therefore the dealership should be familiar with the working of an auction and setting the proper terms.

But even if as you say this was a mistake, a simple mistake will not dissolve a contract. Courts often frown upon trying to restructure contracts for parties based on the excuse of a “mistake.” This was a unilateral mistake where the non-erring party didn’t know of that mistake. Such a contract is not likely to be set aside.

So no please explain to me, why your client is acting the way they are. Is it not completely obvious to them that with the negative publicity that have generated for themselves they will lose much more money than they would have on the deal, which they are legally bound by. Ken has done nothing except for to share his experience with the car loving community. The only ones that are to blame for the after-effects are those who are acting like slime-balls.

Ken I hope you get this taken care of and I am glad to hear that you have retained counsel for this. I hope they you are able to recover your attorney fees. I hope your attorney throws everything at them but the kitchen sink. Keep us updated and good luck with getting the new car.

[-RAC]

Originally Posted by omerfar23

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.

I could be wrong but, I don't believe ownership is a requirement to file a lien. Beside why would you file a lien against yourself?

[Michael-Dallas]

Originally Posted by kingdaviswaco

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

Trophy Nissan has been on my ban list since 1997. Thanks for the cummulative list. Now I know who else to ban.

///Michael

[dgb2]

I was a major proponent of keeping our cool, but Fil's latest charade has me ready to harass the hell out of Husker. Only out of respect for Dooma's wishes that we leave the dealer alone will I not mail this product to Husker... they'll sure need it.

[0.02eurocents]

Originally Posted by bmw-m6

if they have the nerve and audacity to make demands, so should you....wavering of fees, bmw authentic extras. thats only fair.

Heh. That thought crossed my mind too. But the car is loaded, and I would not want any of their goodies or branded keyrings anyways. But I'd make it a requirement to be allowed to take a picture of Fil holding a piece of cardboard into the camera that reads "pwn3d by the webternet" mugshot style.

That would rule so much.

[fahrenheit955]

Like most of the people in this forum, I too have been following this for days and it has been rather addictive!! I really hope you do get that m3!! My dad has a 2006 BMW 530xi. It drives like a dream. I can only imagine what driving an M3 is like. I myself heard about your story from a forum from www.audizine.com. This is such an amazing story, I can't wait to see the end result!!

[vwluver]

I just made a post about my pending Husker Auto Group / BMW of lincoln lawsuit.

http://www.m3post.com/forums/showthread.php?t=129357


I didnt want to steal the thunder of this thread but thought it would be an interesting read to others..

In Husker Auto Groups defense, on Friday i went into the dealership and talked to Fil about this lawsuit and he told me while i was sitting there in his office that he would make it go away. Ive been fighting it for 2 years now and $5000 later... now with all this publicity i wonder if he will still stick to his word on that?

[gundamfans]

what a way for Catania to start the GM role...

[cobradac]

The Knights of the Roundel and bimmerdriver s.com support member dooma350 (Ken) and Scott J. Trepper, a well known and respected attorney familiar to our organization, in their efforts to make this situation right. One could only wish this could have been handled by the dealer in a much more positive manner. But as Scott noted in his quote of Justice Louis D. Brandeis “sunshine [to be] the best disinfectant.” And boy, is there plenty of "sunshine" on this fiasco.

[rainsux]

List of VTAIG auto businesses only totals 54 at the moment. I am
not listing the real estate, title, insurance and advertising companies:

SUPERIOR HYUNDAI, INC., KS
V. T. TITLE CO., KS
VAN CAR & TRUCK LEASING, INC., KS
VAN CHEVROLET CO., INC., KS
VAN TOYOTA, INC., KS
VANTUYL AUTO CENTER, INC, KS
ARTEX AUTOMOTIVE SALES, KS
COURTESY CHEVROLET, KS
CREST CADILLAC, KS
CREST INFINITI, KS
CREST OLDSMOBILE, KS
IRVTEX AUTOMOTIVE SALES, KS
IRVTEX IMPORT SALES, KS
JMF, KS
JOE MYERS AUTOMOTIVE, KS
LUKE MOTOR COMPANY, KS
O.B.D., INC., KS
PHALEN MOTORS, INC., KS
RELIABLE CHEVROLET, KS
RICHARDSON AUTOMOTIVE, KS
SHOWCASE CHEVROLET, KS
VAN CHEVROLET, KS
VANDERGRIFF CHEVROLET, KS
Westway Ford, Irving, TX
Reliable Chevrolet, Richardson, TX
Camelback Toyota, Phoenix
Showcase Honda, Phoenix
Reliable Chevrolet, Springfield, MO
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, Scottsdale, AZ
Pinnacle Infiniti, Scottsdale, AZ
Showcase Pontiac, Phoenix
Showcase GMC, Phoenix
Crest Cadillac, Plano, TX
Crest Isuzu, Plano, TX
Crest 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, Springfield, MO
Reliable Lexus, Springfield, MO
Reliable BMW, Springfield, MO
Gwinnett Place Ford, Duluth, GA
Miles Chevrolet, Decatur, IL
Miles Nissan, Decatur, IL
Huber Chevrolet, Omaha
Reliable Chevrolet, Albuquerque, NM