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      03-26-2008, 09:17 PM   #1409
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Honestly, why not just buy a Nissan GT-R...
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      03-26-2008, 09:18 PM   #1410
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Quote:
Originally Posted by rainsux View Post
> 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.
What are the dealerships in IL and MO?
Hope I am not buying from one of them...
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      03-26-2008, 09:20 PM   #1411
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Talking Husky Esq. you gotta be kiddin me..

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.

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.
Ok this is a big pile of donkey poo.

1. Whenever legal defense is obtained, client is not to be in direct contact with the party that's being prosecuted. Its Law 101. Client may damage whatever case he/she may have.

2. I do recall that bid was won by Mr. Tanisaka, - which means that he was prepared to make the necessary payment and "HAG" ( Husker Auto Group ) was the one to back out and disobey legal rules which were set forth by eBay Motors.

Cut the "Damage Control" B.S. Mike Esq.
Don't insult and challenge the intelligence of (M3 Post) members. '

You were hired to defend, so defend - in court. Where it counts. If your defense anywhere near the caliber that your letter was - look for another job... Pre-Paid legal perhaps..
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      03-26-2008, 09:26 PM   #1412
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Ken,

Seems like you're represented well, and I wish you well deserved success in this matter. Good luck. What a reward it will be when you show up to the next Bimmer meet with that beautiful M3.
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      03-26-2008, 09:28 PM   #1413
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Quote:
Originally Posted by na335i View Post
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.
+1, usually comments such as that are refrained from until closure. However, this can be seen as briefing the press. A typical maneuver.
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      03-26-2008, 09:40 PM   #1414
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maybe the huckster is afraid of their previous actions resurfacing because of this, and they have to push this even further and do whatever necessary to come on top and win. at this point in time, they could only wish they were able to close the deal in exchange of the M3 and the $60K, but it is just too late and has grown too big. This would be my best guess as to why they are handling this the way they are.

I hope at the end they will lose and pose a good example for all the dealerships around nation that habited such bad practices of sale...
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      03-26-2008, 09:40 PM   #1415
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Quote:
Originally Posted by Garissimo View Post
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.
I agree that scott must give some semblance of professional etiquette (even if the other guy's a lowlife, not that I'm saying he is because I don't know him that well) but it doesn't mean that us mere mortals have to extend that same courtesy.

If what Ken said was true that other "local" BMW dealerships are willing to give him the same offer (in writing) then why not do it? He'll get the car of his dreams and not have to worry about it being tampered with and will be getting top notch customer service. Also with a lot less hassles. Let Husker keep their precious M3 and good luck in trying to find another sucker for it. The damage to their business is already done (albeit by their own doing).

I realize Maledon has to say what the client wants or defend that position but then again he isn't doing a good enough job at telling them what they need to do to fix things. But then again maybe he is and there's nobody home even though the lights are on.

LilRedGXP

P.S. Ken, move on, get your M3 from someone else and let Husker wallow in their own caca.
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      03-26-2008, 09:41 PM   #1416
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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.
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      03-26-2008, 09:46 PM   #1417
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Quote:
Originally Posted by Michael Maledon View Post
Wow, tough crowd.
What did you expect? Have you even read the thread and done your homework?

Just sell him the car...

FM
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      03-26-2008, 09:46 PM   #1418
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dibs... lol
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      03-26-2008, 09:48 PM   #1419
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Quote:
Originally Posted by Michael Maledon View Post
Wow, tough crowd.

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.
Sold..where do I sign...
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      03-26-2008, 09:48 PM   #1420
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Quote:
Originally Posted by carchic View Post
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

Source for your info?? Otherwise I call B.S.
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      03-26-2008, 09:49 PM   #1421
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Quote:
Originally Posted by ideliver View Post
Sold..where do I sign...
Dude, your Avatar is PRICELESS!!!
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      03-26-2008, 09:49 PM   #1422
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Quote:
Originally Posted by Michael Maledon View Post
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.
How does one get in line?

Just wondering: Would I get the same treatment? Do I need to hire a lawyer too?
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      03-26-2008, 09:50 PM   #1423
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Quote:
Originally Posted by ideliver View Post
Sold..where do I sign...
Ahrghhhh you beat me to it.
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      03-26-2008, 09:51 PM   #1424
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Quote:
Originally Posted by Michael Maledon View Post
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.
Michael,

I don't think I am telling you anything you don't already know, but who really cares what is posted here. Your main concern is representing your a very powerful auto group who was put it in a very precarious situation (and if true, this isn't the first time) by one of it's dealerships.

And I think you have some pretty big stones to post that the dealership made a mistake of confusing the BUY IT NOW price with the RESERVE.

Did Husker just allow someone who has no prior experience posting on EBAY post this special BMW? Maybe they had the porter do it? The Internet manager probably left the building to grab a smoke and went to the porter who was washing a car and told him, "Hey Jesus, go to the computer and post that new BMW that was just PDI'd and you detailed in the showroom on EBAY while I smoke this cig. I'll give you $5 and a case of Corona. Muchas gracias, homie."
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      03-26-2008, 09:53 PM   #1425
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@carchic Where is this so-called "word" coming from? Does your dealer know you are on here?

Quote:
Originally Posted by Michael Maledon View Post
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.

Mike, I find this incredibly interesting and hope you can answer.

Husker was so adamant about NOT selling the car at $60k, incurring the wrath of the internet and many news agencies, but now will sell the car at $60k to any person in the world?

Can you possibly explain to all the people on here why the dealership would be so generous after creating this firestorm about selling the car at $60k? It was after all a "mistake", correct?
Please don't respond with an answer to the effect of "wanting to do the right thing". That myth has been systematically dispelled.
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      03-26-2008, 09:53 PM   #1426
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dooma's lawyer is a long-time active m3post.com member?
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      03-26-2008, 09:54 PM   #1427
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Quote:
Originally Posted by BMWFM View Post
Ahrghhhh you beat me to it.
i beat both of you to it.. I called the first dibs
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      03-26-2008, 09:56 PM   #1428
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Talking bogus? i think not..

Which part is bogus? that someone has 60k set aside.. ?? i think not.. this is CA, I invested in many things prior to my 22nd.. I had close to 80k stashed away..besides, if you do anything IT these days in LA thats easy six figures, you can stash away 60 k no problem ( as long as no girlfriends rule is applied ) -

What proof do you have? Their Attorney?

At this point its he says, she says, I'll see what happens in court.

I wouldn't be so quick to jump to ANY conclusions.


Quote:
Originally Posted by carchic View Post
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
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      03-26-2008, 09:56 PM   #1429
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My contact to the Journal Star journalist that previously covered the story:
==============================================

Dear Richard Piersol,
Your recent coverage on the Husker BMW story was a compelling summary of an event that has evolved into an even larger spectacle that deserves a re-visit for the sake of your local readers and consumers.

I understand that your mailbox may currently be flooded with messages regarding your article on the Husker BMW- eBay fiasco. As your article made clear, this conflict has sparked interest from a variety of internet users from all over the world. Most of them, including myself, have no vested interest in how this story turns out. In many cases readers are sympathizing with Mr. Tanisaka as a result of their own experiences with poor dealerships, and finally have an opportunity to "stick it" to one such business.

The reason I write to you is to request an update on the situation, not to inflict further damage on Husker BMW, but to inform your residents of further wrong-doing by the dealership. Your previous coverage of the story was an exceptionally to-the-point summary of the situation to that point, but unfortunately Husker BMW's GM recent actions overshadow even the absurdities described in your article. As somebody considering a BMW purchase in the near future, albeit outside Nebraska, I would appreciate being informed of unethical and illegal activities being purported by a dealership that I am considering- especially when making a $60,000 investment. The development of the story has revealed not only obvious violations of contract law, but possibly Husker acting contrary to the demands of BMW's legal counsel, and possible illegal distribution of new vehicles and illegal shill bidding on eBay. I understand that you may not be able to publish theories on whether Husker places bids on their own auctions, but the illegal sale of new vehicles on eBay as per BMW's terms should be easily verifiable via BMW-North America.

Finally, I suggest you visit the following links as much more eloquent summaries of recent developments than I can possibly provide:
http://www.autoblog.com/2008/03/26/n...om-bmw-dealer/
http://www.autoblog.com/2008/03/26/u...inners-plight/
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      03-26-2008, 09:57 PM   #1430
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Quote:
Originally Posted by cngzsn View Post
i beat both of you to it.. I called the first dibs
I pmd him...but no response yet...still waiting...not patiently
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