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

na335i · 03-23-2008, 09:47 PM

Quote:

Originally Posted by ArtPE

really?

then why won't they send him the car?

I guess it's not established or agreed upon by both parties...

you forget the dealership set the price, not the buyer...

jeaguilar · 03-23-2008, 09:48 PM

Perhaps a contract lawyer can address this but doesn't the Uniform Commercial Code provide a 72-hour-or-so cooling-off window where either party can get-out of a contract?

ArtPE · 03-23-2008, 09:48 PM

Quote:

Originally Posted by rickc

+1... exactly

he's only got 3 choices
wait and see, apply pr pressure
negotiate
litigate

the dealer has some too...
wait and see
negotiate
sell him the car, which they said no to

mkoesel · 03-23-2008, 09:50 PM

Quote:

Originally Posted by JerseyBeemer

again, anyone remember what happened on 3-6-07?

M3 Concept debut in Geneva.

yacoub · 03-23-2008, 09:50 PM

Quote:

Originally Posted by ArtPE

the seller contends he made the offer in error, he never accepted the flawed offer...

His actions dictate he was cognizant of the offer he was making, and that's probably what it'll come down to. All it will take is a jury of reasonable people to get him his car. Not that it's a shoe-in to get reasonable people (as we can see there are a few unreasonable folks even in this thread) but that's the worst it should take given the circumstances and the incriminating logs from eBay showing the dealer watching and editing their auction several times during its duration.

Rick · 03-23-2008, 09:50 PM

Quote:

Originally Posted by ArtPE

really?

then why won't they send him the car?

uhh, because they're assholes! duh... i think this was established long ago.

RX7owner · 03-23-2008, 09:51 PM

Hi,
Yet another new forum member (long time BMWCCA member, never owned a
BMW but find most of the owners to be great people), and while I think dooma350
is clearly in the right here, and that Husker ("Huckster") BMW knowingly gambled
and lost (no "mistake" here, folks), I'm confused by something that was brought
up on Autoblog.com.

If dooma350 is a California resident, and would be registering this car there, aren't
there prohibitions against bringing a new, non-Cali car in? How was he intending on
handling that aspect of this (attempted) transaction? I'm actually curious about this,
not trying to scuttle the basic right/wrong premise.

na335i · 03-23-2008, 09:52 PM

Quote:

Originally Posted by rickc

uhh, because they're assholes! duh... i think this was established long ago.

JerseyBeemer · 03-23-2008, 09:52 PM

Quote:

Originally Posted by mkoesel

M3 Concept debut in Geneva.

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and...this is officially bigger news...

ideliver · 03-23-2008, 09:53 PM

Quote:

Originally Posted by ArtPE

I feel the dealer made a mistake, and was not trying to 'swindle' anyone...
he could have easily put a reserve at BIN...but he made a mistake

Mistake: an error in action, calculation, opinion, or judgment caused by poor reasoning, carelessness, insufficient knowledge, etc.

When an individual makes a calculated risk, and it does not work out in their favor, they are obligated to accept the consequences of their actions.

This dealer does not want to accept the consequences of their "mistake" that was actually an error in judgement.

Vegas does not let me out of my bet just because I made a "mistake." There are no "do-overs" in life (though we all wish there were)

D0WNxiSH1FT · 03-23-2008, 09:53 PM

Quote:

Originally Posted by RX7owner

If dooma350 is a California resident, and would be registering this car there, aren't
there prohibitions against bringing a new, non-Cali car in? How was he intending on
handling that aspect of this (attempted) transaction? I'm actually curious about this,
not trying to scuttle the basic right/wrong premise.

What does it matter where the car is from? You can buy a car in any state and then register and pay sales tax in your home state.

na335i · 03-23-2008, 09:54 PM

Quote:

Originally Posted by ideliver

Mistake: an error in action, calculation, opinion, or judgment caused by poor reasoning, carelessness, insufficient knowledge, etc.

When an individual makes a calculated risk, and it does not work out in their favor, they are obligated to accept the consequences of their actions.

This dealer does not want to accept the consequences of their "mistake" that was actually an error in judgement.

Vegas does not let me out of my bet just because I made a "mistake." There are no "do-overs" in life (though we all wish there were)

Great point!!!

yacoub · 03-23-2008, 09:55 PM

Quote:

Originally Posted by RX7owner

Hi,
If dooma350 is a California resident, and would be registering this car there, aren't
there prohibitions against bringing a new, non-Cali car in? How was he intending on
handling that aspect of this (attempted) transaction? I'm actually curious about this,
not trying to scuttle the basic right/wrong premise.

Curious: Is this some sort of special California law? Because elsewhere in the nation people buy cars out of state all the time, either for a better deal or because a specific set of options was unavailable locally. You pay the sales tax of the state you're registering it in.

mkoesel · 03-23-2008, 09:55 PM

Quote:

Originally Posted by RX7owner

If dooma350 is a California resident, and would be registering this car there, aren't
there prohibitions against bringing a new, non-Cali car in? How was he intending on
handling that aspect of this (attempted) transaction? I'm actually curious about this,
not trying to scuttle the basic right/wrong premise.

As long as the car is emissions legal for California (i.e will pass the tests), its fine. Some manufacturers have a special California emissions package, some don't. I am guessing all BMW's sold are 50 state legal, but I don't know for sure. You do have a valid point. But even if its not California emissions legal as sold, it could probably be upgraded easily.

Los Angeles · 03-23-2008, 09:57 PM

On behalf of everyone on this forum tonight, that car is legally yours and that dealership needs to fix their issues.

I am very very glad this story is spreading across the web like a wildfire. I will be sure to help fan the flames as much as I can.

08fbpSI · 03-23-2008, 09:57 PM

Checking in from The Car Lounge.... it would've been much wiser for the "multi-billion dollar company" to take a hit of $3000 than to spur all of this onto themselves. They've turned $3000 into something that will take a lot more money and a lot of time to get out of. Good luck dooma!

SBasinger · 03-23-2008, 09:58 PM

Have you thought about contacting a consumer advocacy reporter from one of the local news stations? It's possible they may take interest in a story like this. I'm gonna go post your story over on evolutionm.net.

BogoKi · 03-23-2008, 09:58 PM

We should get all the publicity to this story, it's about time to have this kind of dealers shut down. Let's all of us remember their name and spread the news to the folks in Nebraska.

dooma350, all the best to you, justice will be made and perhaps you will get your car at an even lower price!

JEllis · 03-23-2008, 09:59 PM

Quote:

Originally Posted by RX7owner

Hi,
Yet another new forum member (long time BMWCCA member, never owned a
BMW but find most of the owners to be great people), and while I think dooma350
is clearly in the right here, and that Husker ("Huckster") BMW knowingly gambled
and lost (no "mistake" here, folks), I'm confused by something that was brought
up on Autoblog.com.

If dooma350 is a California resident, and would be registering this car there, aren't
there prohibitions against bringing a new, non-Cali car in? How was he intending on
handling that aspect of this (attempted) transaction? I'm actually curious about this,
not trying to scuttle the basic right/wrong premise.

Every BMW (not to mention every new car made) is 50 state legal for emissions. I am sure there was an adjustment period when certain cars had to be California specced, however those days are long gone....

Jason

08fbpSI · 03-23-2008, 10:01 PM

By the way, the record was broken and looks like it's going to continue skyrocketing -

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RX7owner · 03-23-2008, 10:01 PM

Quote:

Originally Posted by mkoesel

As long as the car is emissions legal for California (i.e will pass the tests), its fine. Some manufacturers have a special California emissions package, some don't. I am guessing all BMW's sold are 50 state legal, but I don't know for sure. You do have a valid point. But even if its not California emissions legal as sold, it could probably be upgraded easily.

Hi mkoesel,
I'm not sure what the laws are in California, and the poster from Autoblog may
have been bringing up a non-issue. I've only bought cars on the East Coast,
but have heard that California laws can make buying/modding a car there more
difficult. I appreciate your response, hope to get a few more informed answers...

Ron21 · 03-23-2008, 10:02 PM

Some people here really need to first understand how ebay works before saying "error, mistake etc.."

The auction started on March 17th and ended on the 20th. That gave the seller 3 days to decide on the selling price.

As we saw the seller made several revisions to the auction including directly to the price of the car.

http://cgi.ebay.com/ebaymotors/ws/eB...m=230233277471

So that tells me that the seller was fully aware of the auction and it's activity. There were no surprises.

They could have simply canceled that entire auction and removed the bids, for what ever reason they didn't.

At this point I really think the dealer should honor the auction and sell the car.

03-23-2008, 09:48 PM	#354
jeaguilar Registered 0 Rep 1 Posts Drives: Bicycle Join Date: Mar 2008 Location: Shed iTrader: (0)	UCC Provides for Opportunity to Break Contracts? Perhaps a contract lawyer can address this but doesn't the Uniform Commercial Code provide a 72-hour-or-so cooling-off window where either party can get-out of a contract?
	Appreciate 0

03-23-2008, 09:51 PM	#359
RX7owner New Member 0 Rep 9 Posts Drives: Buncha 3rd gen RX7's Join Date: Mar 2008 Location: New England iTrader: (0)	Hi, Yet another new forum member (long time BMWCCA member, never owned a BMW but find most of the owners to be great people), and while I think dooma350 is clearly in the right here, and that Husker ("Huckster") BMW knowingly gambled and lost (no "mistake" here, folks), I'm confused by something that was brought up on Autoblog.com. If dooma350 is a California resident, and would be registering this car there, aren't there prohibitions against bringing a new, non-Cali car in? How was he intending on handling that aspect of this (attempted) transaction? I'm actually curious about this, not trying to scuttle the basic right/wrong premise.
	Appreciate 0

03-23-2008, 09:57 PM	#367
Los Angeles Steve Forte Rio 149 Rep 2,393 Posts Drives: 08' 328i Join Date: Aug 2007 Location: 90036 iTrader: (0)	On behalf of everyone on this forum tonight, that car is legally yours and that dealership needs to fix their issues. I am very very glad this story is spreading across the web like a wildfire. I will be sure to help fan the flames as much as I can.
	Appreciate 0

03-23-2008, 09:57 PM	#368
08fbpSI Registered 0 Rep 4 Posts Drives: 2008 Si Join Date: Mar 2008 Location: VA iTrader: (0)	Checking in from The Car Lounge.... it would've been much wiser for the "multi-billion dollar company" to take a hit of $3000 than to spur all of this onto themselves. They've turned $3000 into something that will take a lot more money and a lot of time to get out of. Good luck dooma!
	Appreciate 0

03-23-2008, 09:58 PM	#369
SBasinger Enlisted Member 1 Rep 34 Posts Drives: 2012 BMW 335i Join Date: Mar 2008 Location: Costa Mesa, CA iTrader: (0)	Have you thought about contacting a consumer advocacy reporter from one of the local news stations? It's possible they may take interest in a story like this. I'm gonna go post your story over on evolutionm.net.
	Appreciate 0

03-23-2008, 09:58 PM	#370
BogoKi New Member 0 Rep 16 Posts Drives: E60 M5 Join Date: Jan 2008 Location: South Florida iTrader: (0)	We should get all the publicity to this story, it's about time to have this kind of dealers shut down. Let's all of us remember their name and spread the news to the folks in Nebraska. dooma350, all the best to you, justice will be made and perhaps you will get your car at an even lower price!
	Appreciate 0

03-23-2008, 10:01 PM	#372
08fbpSI Registered 0 Rep 4 Posts Drives: 2008 Si Join Date: Mar 2008 Location: VA iTrader: (0)	By the way, the record was broken and looks like it's going to continue skyrocketing - Currently Active Users: 2779 (443 members and 2336 guests) View Who's Online Most users ever online was 2,783, Today at 11:01 PM.
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03-23-2008, 10:02 PM	#374
Ron21 New Member 0 Rep 13 Posts Drives: hovercraft Join Date: Mar 2008 Location: NY iTrader: (0)	Some people here really need to first understand how ebay works before saying "error, mistake etc.." The auction started on March 17th and ended on the 20th. That gave the seller 3 days to decide on the selling price. As we saw the seller made several revisions to the auction including directly to the price of the car. http://cgi.ebay.com/ebaymotors/ws/eB...m=230233277471 So that tells me that the seller was fully aware of the auction and it's activity. There were no surprises. They could have simply canceled that entire auction and removed the bids, for what ever reason they didn't. At this point I really think the dealer should honor the auction and sell the car.
	Appreciate 0