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

[Elisabeth]

Originally Posted by BobbieBrighto

The letter of Husker's attorneys clearly indicates that no confirmation of funding has been received from the source of the lease. This is an official statement. The dealer would still get his $60,000... if buyer had the financing. I'll say it again: he didn't, at that moment.

I am all for the team spirit, but open the blinds, man.

It is like what Laszlo said, people these days don't own up to their mistakes anymore. Yes ;Husker did own up for Fil's mistake (or trickery), despite its unwillingness. It had to; it was wrong.

Still following this to page 93. :P


I have to stay on Ken's side here. Up 'til today? yesterday?, the possibility of Ken receiving the vehicle he won was still up in the air.

Husker Auto Group is now trying to make it sound like Ken intentionally whipped the entire internet community into a frenzy. This is a sub-par, slightly less than clever diversion tactic designed to recoup the monetary losses these guys are going to suffer for years. The only "proof" they have of Ken's supposed lack of financing is :

1) His decision not to use their financing company

2) His decision not to definitively secure financing on a vehicle they were previously refusing to sell to him despite winning the auction

3) The word of a man who is now under pressure of an internet firestorm that is his fault, and is probably walking a line to keep his job. Would anyone be surprised if he was lying, trying to pit his "word" against someone who lives in another state and can't easily dispute him?

4) Their refusal to work with Capital One


None of these things are really substantial for evidence. What reason would this man have to go out to a bank and get a loan if the company was previously refusing to sell him the vehicle?

As for the claims that Ken intentionally started spreading libel about thus company... wtf? He lives halfway across the country, he had no real reason to believe that his single post in this single forum would gain such a massive audience. Here's where you have to face the fact that no one has control over other people -- we chose to rally against you, Husker Auto Group. We chose to read this story, share this story, and follow this story. Ken didn't demand that thousands of people read this thread; he asked a question, his question just happened to find a sympathetic place in the heart of every individual who has had to endure a car salesperson. We came here of our own accord, and how dare you try to pin the blame on a single, distraught human being.

Ken had no reason to lie in the beginning. You messed up, you posted an auction with no reserve, you called him and tried to reneg the deal so you could post the auction again. There was no motive for this man to lie. Why would he have any cause to imagine that so many people would read this and begin to despise your substandard business practices? I'm amazed that any manager, company or company lawyer would believe such an idiotic thing. So much for that college degree. You deserve the bad publicity and everything that follows.


Also, if he does have the financing from Capital One -- I had a credit card through them a few years ago, and I will say that they have terrible response time and horrible customer service. It wouldn't surprise me if they delayed just long enough to allow Husker Auto Group (HAG? lol) to seize upon this opportunity for last-ditch retaliation.


As for you Ken, I sympathize with you in your continuing plight, but I would seriously consider meeting their lawyer's claim with a counter measure and fight back, but don't take the car. Go to another BMW that has the color combo you originally desired, see if one of their sales people can get you a deal based off of your hardship, and walk away from these asshats. I wouldn't give them $60,000 or even $6 at this point. This is rediculous, undeserved, and only digging themselves a larger trench.

And I have informed everyone in my family, as well as my friends, to steer clear of this dealership. I got a few groans from the car enthusiasts, but rest assured that the word will spread through other channels. I'm sure a veritable legion of computer nerds in the Lincoln area will take their excess dollars elsewhere after reading this thread.

[viziers]

Looks like the masses might have to have a paypal acct to help Dooma out with legal fees, I mean if each person of the 200,000 donates $5 dollars that would be $10000000 think that would put a pretty good dent in the cost!


/rant ive had too much wine.

Edit: my math is way off!

vizi

[Technic]

Originally Posted by Laszlo

Regardless of financing... these days, anyone can get financing so I don't think Dooma is at fault here. There is something else going on here and I bet the other party wants this to stall so they can counter sue Dooma for damages. They played it out and it was a chess move.

Money seems to be the fundamental issue now... it cannot be regardless.

There were plenty of time to get at least 3 leasing companies line up to finish this deal by phone in a couple of hours. Come on, we all have bought/lease several cars already to know how this goes. So, for this Husker lawyer to come up with this simple defense means that there's not even reason for stalling, or the money is there or it is isn't.

Is simple. If the leasing company entered an agreement for payment with the dealer (be by fax, certified letter) then that is as good as money in their hands. That can be done in less than a day by fax, or overnight by certified letter. And that is as easy to prove as a copy by fax from the leasing company to Dooma or a receipt from the dealer.

So what's really going on, Dooma?

[midknight xrs runner]

A typical down payment is 10-30% of a car. What makes you think he wouldn't put the 10 grand down and have the finance company pick up the rest of the tab. If the dealership wanted this to go away, they wouldn't make Ken out to be a bum from RPV. I don't know about you, but the only people i know who live out in that area are tycoons and business execs. Glad you're for the consumer, but you're just not going to win this fight.

[PadreScout]

Originally Posted by BobbieBrighto

Who said it was proof? It was an official statement.

Not trying to get into it with you defensive dudes. I have no interest in either party here, although I am for the consumer in a bad sale.

Bobbie, You have a point. It could be possible that in fact Ken doesn't have financing and that his letter is some elaborate forgery and he has in fact just fed us hook line and sinker on some elaborate scam. This is a possibility.

The thing is though, thats pretty freaking unlikely, so since Ken is a reasonable guy, he has acted in a consistent and reasonable manner, we believe him.

Read through all 80 pages. He's an alright guy. I suppose in the end that we could all be wrong, but as it stands we trust in his integrity and stand by what he says as truth.

Time will tell who is correct so please, pardon the hate, what we are experiencing is "perceived bias". You're cool, we're cool, everybody's cool. Glad to have ya around. Let find out how this thing ends.

[toddy33]

As somebody who joined this, as I said before with no ax whatsoever to grind, and only to watch a clearly nice guy with a clearly straightforward problem get what he deserves...

Ken, I will happily state that I will continue to watch until you get your freakin' car. Behind you 100%.

[BobbieBrighto]

^^ A lot of Asian people here.

Thanks for understanding, Padre.

I didn't think Ken as unreasonable either; I do think he got himself too deep. I place that on the Internet though. As mentioned, Ken did not plan on pursuing this. The Internet fueled it... and still does, to his detriment (and perhaps ours).

[Uber Wagon]

I registered just to post and send support to Dooma.

I have to say - this has been a complete cluster.

The dealership seems to be wanting out on a technicality and then threatening Dooma with legal action for his speaking out. That's crappy.

HOWEVER - with the complete cluster that this transaction has been since he "won" the auction - WHY complicate things with a leasing company when Capital One Auto Finance will cut you a check, overnight it, and make this as easy as possible to close this deal????? I've never leased a car by finding a lease company on my own and then finding a dealer - it's always been through the dealer / manufacturer's financial arm (usually because it was a "deal" lease, etc.) but that has to add a level of complexity to the deal - and give the dealer something to latch on to and make your life heck.

I feel for ya, Dooma, but anything shy of the dealer getting a check for the full amount ASAP was only gonna cause you more heartache - you and your attorney had to know that. And - had you done that - you could have posted the check, confirmed overnight delivery to the dealer, who signed for it and posted everything. I did exactly that when I bought my E55 sight unseen because it was a GREAT DEAL - and I wanted the car. I fugured that the risk of paying for it before I flew up to pick it up was low because they were a dealer with a lot to lose if they screwed me over. I was right - it was easy - I flew in and drove my car home because they got paid 4 days after we decided on the price. I had given a substantial deposit on the phone that first day.

Do you have information that can be posted that shows they were paid in full for the car? (And shouldn't htey have been pain in full already if your truck was arriving to day to transport the car back to Cali? If not, or if they haven't been paid in full - I really think that is going to cause you a lot of trouble in getting this thing to close - not to mention gobs more legal fees, unfortunately.

On another note - according to an earlier post - who's gonna buy the car for $60K now?

[mbotvinick]

I have been watching and supporting Dooma from the begining even sending him a PM early on. Now after reading that letter from the attorney, I am really pissed off.

BMWNA time to get involved! I will forward this to them

[midknight xrs runner]

If it needed to be done, i'm sure that ken could just go to South Bay BMW and have his contact there set him up with BMWFS to get this over and done with if need be. It just feels like bully tactics from Huskers and VTAG.

[RX7owner]

I'm out in the North East, so any threats I make not to purchase from
any of the Van Tuyl auto dealers lacks weight. Mr. Van Tuyl, would you
*please* open a store or two in the Boston area, so I can let them know
I'd *never* purchase a car from them? Please?

What a soap opera - I think that Ken's decision to go from outright
purchase to lease was a good one (precisely because of the risk of
tampering by these clowns), but it's given them an opening that (I
hope) they'll regret using.

[Eddietheman]

Question for those that are questioning: IF dooma didn't have financing, didn't really want the car, etc...WHY ON EARTH would HIS lawyer post a letter damning Dooma's case? IMO, nothing would have been posted except maybe some mud on onto BMW, again. IMO posting the letter shows that Dooma and his lawyer aren't going to hide behind threats from this dealership. They have let us see the cards the dealer is playing.

Good luck Ken, we are rooting for ya

[lland]

Time to contact the NE Attorney General and go after them for shill bidding and bait and switch.

LL

[LilRedGXP]

Originally Posted by midknight xrs runner

A typical down payment is 10-30% of a car. What makes you think he wouldn't put the 10 grand down and have the finance company pick up the rest of the tab. If the dealership wanted this to go away, they wouldn't make Ken out to be a bum from RPV. I don't know about you, but the only people i know who live out in that area are tycoons and business execs. Glad you're for the consumer, but you're just not going to win this fight.

I would argue that an atypical DP is 10-30% of the total. Why on earth would someone put as high as 30% down on a deal if they have low financing or zero % financing (or lease)? I personally have never put in more the $5,000 down on any car I've ever owned. It all comes down to how well your financing or leasing company believes you can pay them back for them to determine the amount down.

My lease on the GXP (2nd lease outstanding) was basically the bare minimum to get it out the door and that's the way I wanted it. My leasing company was cool with that considering I have been dealing with them for over 20 years and never been late or missed a payment (knock on wood).

I would like to believe that anyone looking to buy a BMW, let alone an M3, has the financial wherewithall to finance such a purchase or have collateral that a financing company would have no problem lending them the money. Also, with the economy (housing market) going down the tubes I'm pretty sure that lending standards have been tightened so for Dooma to be pre-approved says alot about his finances.

on Dooma. Congrats.

LilRedGXP

[MonkPDX]

"GASP!!!"

[toddy33]

Originally Posted by MonkPDX

"GASP!!!"I usually downshift, when I am near a PRIUS, so they can hear me hurting the environment.

And, in the midst of all this seriousness, I just nearly spit Diet Pepsi all over my keyboard laughing over MonkPDX's signature line...

[aznshrek88]

Dooma
I really think you should stop posting for now because now the liar's are really starting their job at lying profusely. Half that letter is complete crap and this thing has been blow way out of proportion. Everyone's on your side and I really don't understand why you haven't heard from BMWNA---> I guess it really shows the company's true colors, because if truly no one has heard anything in Corporate about this, then I don't know why I am so proud to own a BMW now.

Husker has ruined their reputation and has been ruining it even further by prolonging this. If this continues then I'm sure you'll get your car and if you don't I say that everyone on M3post, e90post, etc. ALL CALL BMWNA and formally complain and reach out to SAY WHAT THE HELL.....we're the company's true reason for existing and those on the boards who organize meets, etc. like Bimmerfest or the M events or even get togethers are the ones who truly fuel BMW's growth and reputation.

So what do you say? This thread has almost reach 1 million posts and hundreds of thousands of views...lets all call BMWNA together and show our support.

G/L Dooma and we're all ROOTING FOR YOU!

[DCLeopard91]

I love this part:

"my client is
fully prepared to incur whatever costs are necessary to insure that the public is fully
apprised of the true facts concerning this transaction, and to seek recourse against your
client and others that were directly and proximately responsible for the damages
suffered by the dealership."

o really??? How exactly are they going to do that???? How are they going to find ALL of the people that have "caused damages", direct and proximate, and sue them in a court of law? Are they going to try and sue every poster in this thread? Thousands of people, most of whom don't live in Nebraska and some of whom don't even live in the U.S.? LOL, I love it, they are so funny.


He is "advised that, apparently, it appears that Mr. Tanisaka will be unable to fund the transaction"... hmmmmm, that's a lot of unsure words in one sentence that cannot be backed up... "advised" by whom and is it correct?
"apparently"
"appears" why does it appear? because Fil called you and said they won't accept the financing he already has? Or Fil just called and LIED to you and said no financing has come through??

Ken,
I would strongly suggest you provide proof of funds to these A-holes ASAP, exactly what was provided to the dealership so they can see it because clearly the dealer is probably lying to their own firm.

Also, there is no way for Ken to back on every internet forum and post something else to "retract". The first time he begins something like that, it will not be enough for them, they will want more and more and more. I say stick to the guns and buy the damn car.

Also, to whom did BMW of Lincoln offer to pay for the flight or the car transportation to Cali? Ken, were you called directly? Scott, did Maledon say so? I don't even buy that.

[rainsux]

> spit Diet Pepsi all over my keyboard laughing over MonkPDX's signature
> line...

Thanks for pointing it out - I missed it entirely. Wonderfu sig.

[DCLeopard91]

Also, another point:

Ken, if you end up having to drag this out further, I think EVERYONE here supports you, you should open a paypal account and all of us can start donating $2-$5 each which will more than cover your legal costs should you have to go to court against these assholes.

[Avenger]

Wow, I can't believe this is all happening. It is in my observation that Husker BMW is stalling the whole process in order to hopefully solicit damages they can impose to Ken, and nullify the transaction.

This is getting out of hand. I think Ken needs our support now more than ever. I know that Ken has asked to stop the hounds from harassing BMW of Lincoln but just say so Ken, and we'll be more than happy to oblige.

Bring it on!!!

[rollerce]

Originally Posted by DCLeopard91

Also, another point:

Ken, if you end up having to drag this out further, I think EVERYONE here supports you, you should open a paypal account and all of us can start donating $2-$5 each which will more than cover your legal costs should you have to go to court against these assholes.

I don't have alot of money, but you've got my toonie for it (that's a canadian 2$ coin )