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      03-26-2008, 07:22 PM   #1343
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A question about selling a car on Ebay. What fee(s) would Husker have to pay EBAY for this sale of $60k?

And I am still amazed that the dealership is still fighting this.
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      03-26-2008, 07:26 PM   #1344
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Quote:
Originally Posted by X6WouldBeNice View Post
LOVE your 335i!
Hhaaha thanks, it's no M3, but not many cars on the street can really challenge its performance. I really like my 335i.

But yeah, the authenticity of "Michael's" post is hard to verify, but I wouldn't be surprised if he really posted here. I can also see the possibility of someone trying to fan additional flames for nothing and if that's the case, shame on you.

We are here in support of Dooma and making stuff up and harassing Husker is not the way to go in terms of helping. Many of us don't have the experience or knowledge and what we should do is stand by the sidelines and support the reasonable side, in this case, Dooma.
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      03-26-2008, 07:26 PM   #1345
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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.
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      03-26-2008, 07:28 PM   #1346
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Michael Maledon is really that 16 yr. old kid with the lisp, who bombarded us with posts a few days ago....LOL.

Really though, as Counsel, why in earth would you put anything in writing, let alone post on the internet? Extremely ASSININE and suspect.
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      03-26-2008, 07:29 PM   #1347
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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.
>>
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      03-26-2008, 07:32 PM   #1348
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Quote:
Originally Posted by rainsux View Post
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.
ip check... the admin/moderators of this forum can check the ip of any registered user....... and cross check with known ips of law firms/others... though its troublesome
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      03-26-2008, 07:32 PM   #1349
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Yeah, probably Maledon was instructed by Catania to post a clarification post in an attempt to "control the press". Not hard feelings on Maledon on my side, he just represents his client.

Glad to hear that Husker is finally seemingly willing to honor the deal. I just wonder from now on where Ken can service his car...if I were him, I wouldn't go back to Husker.

Also, I'm surprised that Catania uses the terms "control the press". I think he meant more "damage control".

Hoping that the deal goes through tomorrow smoothly.

*Still wondering why Catania refused Ken's credit card.

And finally, very true, the power to control press lies elsewhere.
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      03-26-2008, 07:33 PM   #1350
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Quote:
Originally Posted by Scott_J_Tepper View Post
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.
. . . .
That's a great note, Scott. Thanks for the input.

Okay, a poll for the rest of us.
You're in need of legal counsel. Who do you choose: Scott Tepper or Michael Maledon?

I'm not ragging on Maledon--I believe that he's an honorable man--but based upon the two lawyerly posts to this thread, whom would you want representing you?

I choose Scott. Not even close, in my mind.
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      03-26-2008, 07:33 PM   #1351
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im just waiting for cnn or cnbc to report this whole ordeal
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      03-26-2008, 07:34 PM   #1352
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Quote:
Originally Posted by rainsux View Post
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.
we'll just have to take it as it is. It's good that we question the authenticity, but it's hard. And both the content written by both counsels seems reasonable enough to be written by them.
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      03-26-2008, 07:35 PM   #1353
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Here are a couple of quotes from the Dealer Tracking magazine in dealertrack.com. This is from Volume Two, Issue Three, Winter 2006 in an article on Compliance.

--------------------------------------------------------------------
Randy Henrick (Henrick): A dealership’s good name and reputation are perhaps its greatest assets. Once lost, recovery is difficult. The dollars spent on compliance can come back in multiples from repeat customers, higher satisfaction scores, and good will. The “soft” benefits of compliance are almost as important as the hard benefits of not being the next lawsuit.

Michael Maledon (Maledon):
“Compliance” shouldn’t be viewed as a negative. Successful dealers understand that compliance isn’t just about legal obligations -- it’s about
maintaining an overall commitment to a set process of delivering value
to the customer. It’s no coincidence that dealers having a strong culture
of compliance are typically also the dealers that outperform from a sales
perspective.
--------------------------------------------------------------------

Sure doesn't sound like the same guy who wrote that long post representing BMW of Lincoln in a not so positive way.

Guess I am one that will be trashing those advertisements I get in the mail from BMW of Lincoln. I am close enough to drive up there to buy a car, but after all of this there is no way in the world I can see me doing that when I buy my 4th BMW. (1986 - 318, 2000 - 323, 2002 - 325XI, 2009 or 2010 - ????)
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      03-26-2008, 07:36 PM   #1354
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Quote:
Originally Posted by Scott_J_Tepper View Post
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.
I wonder how Cornholer BMW..i mean Husker BMW can ask one man to stop the onslaught of media attention that it brought upon itself? Is this what their legal counsel advised? If so, the dealership is getting some lousy legal advice. Asking Ken to tell others in the blog-o-sphere to shut up is akin to asking OJ to look for the killer of his wife and Ron Goldman.
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      03-26-2008, 07:38 PM   #1355
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Quote:
Originally Posted by gundamfans View Post
we'll just have to take it as it is. It's good that we question the authenticity, but it's hard. And both the content written by both counsels seems reasonable enough to be written by them.
It’s certainly odd that each counsel from both sides would post a message on this forum while this whole situation is still on going and unresolved.
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      03-26-2008, 07:39 PM   #1356
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Quote:
Originally Posted by GO_DRVN View Post

Guess I am one that will be trashing those advertisements I get in the mail from BMW of Lincoln. I am close enough to drive up there to buy a car, but after all of this there is no way in the world I can see me doing that when I buy my 4th BMW. (1986 - 318, 2000 - 323, 2002 - 325XI, 2009 or 2010 - ????)
Definitely buy your BMW elsewhere. If I were you, I'd rather drive further to get to a different dealership. Remember to "remind" the sales there that you drove all the way up there because of the crap Husker does to its clients. This shows that you are up-to-date with what's going on with the dealers and their reputations and that you care about customer service a lot.
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      03-26-2008, 07:40 PM   #1357
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It's a new world. Food Fights...well they take place everywhere, so why not on a forum?

We seem to be breaking some new ground/wires, and I for one am glued to the drama.

Both parties, by communicating here, have shown continued interest in Ken's situation. Neither party has walked away from the table, so this should be resolved soon enough.

I suggest Van Tuyl pony up a neutral BMW dealership to facilitate the transaction and keep both parties from ever interacting. This really has grown into a situation for the Parent Company to fix!

If they condone this behavior at one of their dealerships, what else do they allow at all the other dealerships they own? Makes a fella wonder...

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

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      03-26-2008, 07:41 PM   #1358
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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....blah...blah...blah...lawyer double speak non-sense...blah..blah...
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.
To all of the wanna be lawyers out there...this is a classic example of what NOT to do for your client.

Mr. Maledon is serving HIS financial interest by keeping HIS services relevant and needed.

If I were the client, I would ask a simple question, "What do I have to do to make all of this end?"

Answer: Sell Dooma350 the car at $60,000 and shake his hand. Nothing more, nothing less. The story will die.

But noooo...these nitwits keep the crazy train rolling and rolling...next stop...the courthouse and national TV and print news...

Now where is that eating popcorn emodicon??
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      03-26-2008, 07:44 PM   #1359
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Originally Posted by UsedCarSalesmanwCombOver View Post
I wonder how Cornholer BMW..i mean Husker BMW can ask one man to stop the onslaught of media attention that it brought upon itself? Is this what their legal counsel advised? If so, the dealership is getting some lousy legal advice. Asking Ken to tell others in the blog-o-sphere to shut up is akin to asking OJ to look for the killer of his wife and Ron Goldman.
yeah I know, as I mention in one of my posts, action from Husker is the best way to redeem themselves. Take Netflix for example, http://consumerist.com/372385/netfli...mondays-delays

they did the basic thing to customers, admit fault, apologize profusely as if they meant it and give additional credit to customer with monetary value (all of these ideas are taken from consumerist post). Look at all the love that Netflix is getting from a simple, honest and sincere gesture.

Husker, think how different the situation would have been if you had Netflix's attitude. (Not saying you have to resolve it in the same way, but the attitude)
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      03-26-2008, 07:44 PM   #1360
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Quote:
Originally Posted by ideliver View Post
To all of the wanna be lawyers out there...this is a classic example of what NOT to do for your client.

Mr. Maledon is serving HIS financial interest by keeping HIS services relevant and needed.

If I were the client, I would ask a simple question, "What do I have to do to make all of this end?"

Answer: Sell Dooma350 the car at $60,000 and shake his hand. Nothing more, nothing less. The story will die.

But noooo...these nitwits keep the crazy train rolling and rolling...next stop...the courthouse and national TV and print news...

Now where is that eating popcorn emodicon??
he needs to quit his job
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      03-26-2008, 07:44 PM   #1361
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Quote:
Originally Posted by X6WouldBeNice View Post
LOL Fil Catania is a low life SOB. Hope you are reading this. You may want to take a loan out (since you will be in debt because of this) and hire a stylist.


Love the FLock of Seagulls look. Very 80;s
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      03-26-2008, 07:47 PM   #1362
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[QUOTE=Scott_J_Tepper;2371482]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.


Extraordinary!

A public exchange between two lawyers on an internet forum!

If this is real, it is surely a first.

Still rooting for you Dooma!
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      03-26-2008, 07:50 PM   #1363
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Quote:
Originally Posted by av8thor View Post
A quick Google on "Michael B. Maledon, Esq" does indeed turn up an attorney in Phoenix (where Dooma said the legal counsel for Husker was coming from.) A couple of references also refer to Maledon as working for Van Enterprises, the Mothership for Husker.

So maybe he's for real. Maybe his post is just a ham-fisted attempt at spin doctoring this whole crazy deal. If definitely smacks of entry-level propaganda, given that it states nothing other than the exact opposite of Dooma's account in almost all aspects. It is, in fact, a rather lawyerly way of calling Dooma a complete liar.

Then again, maybe someone did a little more research and came up with Maledon's name and the post is a red herring. Gotta love the 'net. What's real?

I did the same..I think the guy is for real...his is just making the situation worse...

We will need a special and unique FAIL for him and his post...start looking
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      03-26-2008, 07:51 PM   #1364
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> 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.
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