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

[Nimrod]

I doubt you will read this Mr.Maledon, but here goes. This might be a bit long winded but bear with me.

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.

Wha?! Excuse me, but I think you have that backwards. You see had the *Husker Auto group* up held there agreement and sold Mr. T (Taniska... yeah he will thank me later for call him that) and none if this would have come to the public in such a negative manner. It's too bad they don’t teach common sense in law school. I’m curious now as to how much they are paying you. Because just with your opening statement, I already have no confidence in your abilities. Smart man would have been to apologize first, then try to explain.

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.

You know, this company does millions of dollars in sales a year, I would think they could afford a person to come in and run the website and eBay in a competent manner, so not to have these mistakes. And I've worked at a dealership as a car sales, I can’t do it. I can’t sit there and look someone in the face and try to swindle them out of there hard earned money. Fact is we all know car sales is one of the more dishonest and low down jobs there is. I can’t even begin to express how disgusted I am with that sales side of the auto industry.

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.)

What? Say that again, I think you just say you were trying to cooperate. That is why Mr. T got a call shortly after saying it was a mistake. You better approach should have been, “yes at first we tried to back out of our deal. We are losing a lot of money on this. Can you blame us? But after much consideration we are going to do the right thing and abide by our agreement and sell Mr. T the car.” Second berating someone over the fone and refusing there CC, that just doesn’t rub me as cooperating…

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.

I think instead of a lawyer, they should have hired a PR guy. You are seriously wasting our and there time. The record is straight, you expect us at this point to be idiots and with our eyes shut. It isn’t going to happen. We see this for exactly what it is. BS. But let’s get back to the root of this issue, which resolves this one. The Husker Auto group would not be; unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. had they done the right thing. ***Now anyone harassing or other wise doing anything to be involved in this at this point is undermine and/or using this as a excusing just to mess with someone is just wrong. Let alone that there are only 2-4 people behind this *mistake and only they should be harassed, not the poor girl/guy at the receptionist desk.

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.

You know, I think I would be a bit hesitant also in call back in after listening to some lying stealing car sales manager berate me and refuse my CC.

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.

No, you as a lawyer know, he is doing nothing but CYA… instead of passing the blame maybe the Husker Auto Group should have done the same.

Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.

Is the car in his possession yet? Then I say this is an out right LIE! The car should have already been on a truck being shipped to Mr. T’s house.

Michael B. Maledon, Esq.

[MelsM3]

Dealership: LIES & FAIL

Dealership Overpaid Mouthpiece: LIES & FAIL

BMWNA: NO B@LLS & FAIL

[TurboFan]

Originally Posted by dooma350

Good idea....maybe we could have some epic comments under the car or something. I want to throw some more ideas around. Keep them coming!

I think a 24x36 poster of you with the car, shipped to BMW o Lincoln would be a nice touch. Tell 'em thanks for the great deal.

[Stinger]

Ken best of luck to you. Keep up the good fight.

[Nimrod]

Originally Posted by yogaflame

Hmm... I'm not saying that there is SHILL BIDDING going on, but does anyone else see something fishy?

This r***c ( 178 FB) person must love shopping at Husker as they're bid on a BMW M3, 95 Harley, and a Pontiac GTO. I think they bid on a few other things previously as well... And that 5***i ( 76 FB) sure likes bidding on Husker products too...

Item number:230211917973 - BMW : M3

babyblueyez4u( 23Feedback score is 10 to 49) US $28,200.00 Jan-14-08 22:35:55 PST
r***c( 178Feedback score is 100 to 499) US
r***c( 178Feedback score is 100 to 499) US
Starting Price US $15,000.00 Jan-11-08 11:16:13 PST

Item number:230207620971 - 1995 Harley-Davidson Touring FLHR

izzzz( 54Feedback score is 50 to 99) US $6,999.00 Dec-28-07 18:24:57 PST
r***c( 178Feedback score is 100 to 499) US $6,450.00 Dec-28-07 18:15:46 PST
r***c( 178Feedback score is 100 to 499) US $6,200.00 Dec-28-07 17:35:38 PST

Item number:230205212482 - 2005 Pontiac GTO GTO

sivasan59( 22Feedback score is 10 to 49) US $22,000.00 Dec-24-07 13:21:01 PST
r***c( 178Feedback score is 100 to 499) US $20,500.00 Dec-24-07 11:49:57 PST
r***c( 178Feedback score is 100 to 499) US $20,000.00 Dec-24-07 11:49:50 PST

Starting Price US $100.00 Dec-19-07 13:21:06 PST

Bid padding.. is that legal?

And I went back and looked at the records, they did this to someone else over a Corvette. User ID deak74 ..item # 230204709373

Fine example of this dealership has made for them selves.

[mkoesel]

Originally Posted by 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?

I don't totally agree with your opening statement there, but I too am confused by this and surprised it went down this way. Why wasn't Steve conferenced in on that call? Seems like it should have been a meeting of both parties and their lawyers.

[AML]

Keep it up Ken!!

[rainsux]

> Why would a lawyer post such antagonizing crap like this on a BLOG
> FORUM???

Because his client possibly lacks the advice, or won't follow the advice, of
crisis mgt pro's. VTAIG doesn't need lawyers talking to anyone - they need a
professional crisis mgt team ...

Or; because they believe that the internet mob lacks critical thinking skills and
would turn on Ken/Scott. Mike Maledon implied that Ken couldn't stroke the
note, without actually saying it. Had he actually said such a thing, he opens
the door to a libel suit.

Assuming that Michael Maledon is competent, experienced counsel - the
VTAIG directors (Van Tuyl & Holcomb) may have thrown him into this against
his advice. Some large privately held companies lack effective feedback
loops because the owners surround themselves with Nod Squads.

Regardless; whoever is calling the shots at VTAIG, certainly seems to have
a tin ear.

[condor27596]

There have been some really good lawyer replies here.

Can anybody step up now?
Maybe there are some LEOs reading the forums (?)

Is not shill bidding and the like a Federal crime?
If it is they could probably add conspiracy to it also.
(and no telling what else I'm not a lawyer)

Any ideas out there?

[toddy33]

Originally Posted by rainsux

> Why would a lawyer post such antagonizing crap like this on a BLOG
> FORUM???

Because his client possibly lacks the advice, or won't follow the advice, of
crisis mgt pro's. VTAIG doesn't need lawyers talking to anyone - they need a
professional crisis mgt team ...

Or; because they believe that the internet mob lacks critical thinking skills and
would turn on Ken/Scott. Mike Maledon implied that Ken couldn't stroke the
note, without actually saying it. Had he actually said such a thing, he opens
the door to a libel suit.

Assuming that Michael Maledon is competent, experienced counsel - the
VTAIG directors (Van Tuyl & Holcomb) may have thrown him into this against
his advice. Some large privately held companies lack effective feedback
loops because the owners surround themselves with Nod Squads.

Regardless; whoever is calling the shots at VTAIG, certainly seems to have
a tin ear.

Surprisingly, though, it seems to have at least a small effect. Disinformation always seems to, to some degree. After Maledon's later post, there was a small flurry of "whoa...what if we were wrong" posts within the thread until Dooma unflinchingly calmed the disquiet.

It's kind of like...Iraq has WMDs! Iraq has WMDs!

[Avenger]

Ken, run a contest for ideas. For example, have a poll for ideas then whoever concocted the idea that won gets to have a piece of said idea. In my case, I suggested the poster and should I win, I do get a signed M3 "The Epic Ownage Edition".

Don't flame me since I have not retained a lawyer yet LOL. In light of the stress over this long and winded thread, its about time we got to get some laughs.

[bdaw]

Originally Posted by stickypaws

Yeah, for those of you not from around here, Rancho Palos Verdes makes Beverly Hills look like a slum. Dooma could probably mortgage a bedroom and buy a few M3s...

hey...90210 is still nice



good job man!!

[bdaw]

Originally Posted by sjmarvin13

I've been following this for some time Is this coincidence or is this a pattern for this company?

In MalibuBimmer's post it says he ran into a Mercedes-Benz Chevrolet dealership in the mid-west playing a similar game awhile ago.

http://www.m3post.com/forums/showpos...&postcount=939



And look at this post from rainsux. http://www.m3post.com/forums/showpos...postcount=1493



Is there a business pattern forming here on this group that is slowly being exposed?

Originally Posted by condor27596

There have been some really good lawyer replies here.

Can anybody step up now?
Maybe there are some LEOs reading the forums (?)

Is not shill bidding and the like a Federal crime?
If it is they could probably add conspiracy to it also.
(and no telling what else I'm not a lawyer)

Any ideas out there?

While I'm not a lawyer, i think it is and I think that's the point to a good portion of this.

[mkoesel]

Originally Posted by Avenger

[PSUWayne]

Originally Posted by Triple-Net-Automotive

It seems like you've been had a couple of times at a car dealership, which certainly explains your passion in this matter. Also, if you've been treated bad, all you had to do is walk away, yet you still bought!

Answering your "never been to an auction" bit, I'm actually a partner in a real car auction here in Atlanta.

At the end of the day, you have to look at this matter from both points of view.

I never said I actually bought from the worst offenders. I have walked away from a number of dealerships and vowed to never return to them. But that's part of my point - I shouldn't be subjected to this kind of treatment in the first place. I shouldn't have to drive from dealer to dealer hoping to find one with a reasonable attitude (and yes, there ARE some good ones out there). Unfortunately for me, where I live there are only 2 BMW dealerships within an hour's drive. The one I bought from was initially very rude to me years earlier - leading me to buy an Acura instead. I returned to that BMW dealer years later only because a friend had just bought from them and had a reasonable experience, so I was able to use the same salesman and didn't really have to face the usual games because I took the same deal my friend had worked out. However, their true colors showed afterward when I started having all kinds of issues buying my Dinan performance upgrades and having them installed and serviced. I'll spare you the details, but suffice it to say, I had so many issues and received such poor customer service that I vowed to NEVER give them another bit of my business. I even sent a polite letter explaining my plight to the owner and GM of the dealership. Their response? NONE WHATSOEVER. No apology, no acknowledgment, nothing.

Anyway, I was merely trying to point out that there are significant differences between the general retail business and the car dealer business. You can't draw comparisons to any other market. Unfortunately for everyone involved, the car business is what it is and without some significant changes on the part of the dealerships, it will continue in the same manner. Like it or not, all businesses are customer-driven. Adapt or fail.

Incidentally, one of my best friends left his career as a fellow software engineer to become a car salesman at his father's dealership, so I have heard plenty from the point of view of both sides.

[Tallest]

I think that the dealer's new tactic now will be stalling time for as long as possible. With time, everyone forgets, moves on, there is a new story to write about, etc, etc. The furore we've seen is partly because so many other non BMW owners are joining in. But give it a month, and if the story is in same place, many people will simply move on, leaving only us Bimmer drives to follow this. This is what they are hoping perhaps. That this subsides to just another case, with time people will just say 'yes, dealers are like that, good luck, this is another long court case' and get on with it. After all, how long can you keep reading same internet threads.

So that's what Husker is doing (IMHO). They saw the negative publicity. Only time has to pass for this to subside. They missed good PR window, and now they will just start dragging their feet for as long as its physically possible. That's what US administration is doing with so many blunders in Iraq after all - admit to mistake like year later, when time is passed, everyone is just moved on and so on. Yes, there were no WMDs, but that being admitted 2 years after war 'ended' is not quite like admitting it 1 week after Baghdad fell, is it? That was just to illustrate on bigger scale.. if something like that is brushed under the ccarpet, then this will be too if it doesn't get resolved quickly, and that's what they at Husker are probably hoping for!

Ken might even just give up because it's costing him his own time, nerves and health and lawyer fees. I hope he won't though and will win this.

That would explain their reactions to me, don't know if you agree or not. Ken, stay strong, push push push, don't let up, don't let them steal your time. Many you for standing up.

[mkoesel]

Originally Posted by sayemthree

no.....I dont buy cars off eBay. thats not a smart thing to do.

Actually it turned out to be a very smart thing to do. He exposed this dealership and their ways and that never would have happened if he (or anyone) had walked into their showroom instead.

[toddy33]

Originally Posted by 320what

I think that the dealer's new tactic now will be to stall time as much as possible. With time, everyone forgets, moves on, there is a new story to write about, etc, etc. The furore we've seen is partly because so many other non BMW owners are joining in. But give it a month, and if the story is in same place, many people will simply move on. After all, how long can you keep reading same internet threads. So that's Husker is doing (to me). They saw the neg publicity. Only time has to pass for this to subside. They missed good PR window, and now they will just start dragging their feet for as long as its physically possible. Ken might even just give up because it's costing him his own time, nerves and health.

That would explain their reactions to me. Ken, stay strong, push push push, don't let up, don't let them steal your time.

Amen. However, if that's what they actually think...they should take note of the fact that we're well on our way to 700,000 views. I don't think this is going to go away until we see the happy pictures of Ken with his M3.

[rainsux]

Ken,

Two words: Jay Leno

At 11:35 last night it occurred to me that this whole episode may get you
an invitation to tour the Big Dog Garage. If you're not aware, Leno frequently
does the celebrity autograph thing on-air, for charity. Please save one of
those Huckster/BMW license plates.

This whole episode is waaay too good ... and Fil's photos and video are the
cherry on the sundae.

[mkoesel]

Originally Posted by dooma350

That said, this got me thinking of some things we could possibly do, after I get my car. When I receive my 2 license plate frames from Husker, Im thinking of AUCTIONING THEM ON EBAY (NO RESERVE!, LOWEST PRICE ON EBAY). My auctions wont have any reserve price listed, and I promise to sell to the highest bidder.

...

Anyone have any good ideas for this? What else could we do? Im open to everyones suggestions. Lets have some fun, as Im looking forward to closure on this!

That's a great idea Ken. THe problem I see now is, once Husker gets wind of this, won't they just remove the frames? They aren't required to ship the car with ad frames (or any frames) as far as I know.

Course I'm sure you could manage to acquire some from people out on the interwebs. But it might not have the same impact (but then maybe it still will).

[Tallest]

i slightly expanded on my view above just to make it more clear. English is not my frist language after all. But hope you get the gist of it. They are stalling to make everyone forget and make the bad news just go away in memory when another shit breaks out and people have no time to worry about some rich guy who is bohoo can't buy a 60k supercar. Honestly they can spin it like that.

[midknight xrs runner]

Ken, I'd be glad to help you out with any photography that you'd like. I'm close to your area and am a professional. I couldn't help but help another car enthusiast out could help ya with some prints as well.

All the guys local to the dealership should go there and watch as the vehicle is loaded up and watch it leave.give it a good going away party and then leave the parking lot at BMWoL completely empty, never to be full again.

It's spring time around here in cali, maybe a charity golf tournament with the M3 as the center of attention. I'm sure we could get some help from a local dealer to sponsor...