BMW Scam Ordinary Guy on Ebay !!!

[Iced_Bullet]

[Ebay Link]

 

 

I’ve been looking to get an E90 M3 sedan, and was cruising ebay when I came upon this auction. Its for a Jerez Black sedan with FR interior, loaded with everything except extended leather.

The car advertises its title in CAPS “LOWEST PRICE ON EBAY”. The auction started at 60,000 and had a BUY IT NOW for 66926 K. NO RESERVE.

 

http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32

 

 

Jerez black on Fox red was not my first choice (I have a deposit for AW/Silver interior with DCT at a local dealer) but I was willing to live with it at a 60K price point, so I bid on it with the intention to pay if I won.

I wasn’t sure if I would win or not, but I went ahead and secured financing prior to the auction end so I could arrange immediate payment.

I ended up winning the auction with a bid of 60K (my max was 61K).

 

15 minutes after auction end, this guy Michael Barett (At BMW of Nebraska) calls and nervously tells me the auction was a “mistake”.

I reminded him of his contractual obligation to complete the transaction, to which he continues to reply “it was a mistake”, and refused to honor the deal.

He then offered to call his manager and confirm what they could do, but same response. When I pressed the issue and raised the possibility of legal action, this guy had the nerve to condescendingly laugh and say we are a multi-billion dollar company, ebay will definitely side with us.

I corrected Michael, and told him your company may have revenue in the millions, but you make 35K a year, screwed the pooch on this one so lets not get carried away.

But to make a long story short, he is refusing to honor the deal.

 

[Full Story from bid winner]

 

Apparently all is not kosher in corn country. BMW of Lincoln' date=' Nebraska posted an auction on eBay for a brand new M3 Sedan for $60,000. Perhaps they were hoping for the kind of eBay madness that would push the price to six figures (something other dealers are doing right on the show floor). If that's what they were after, well, they didn't get it. The car was won by a gentleman in California for the listed price: $60,000.

 

The problem is that the dealer doesn't want to give him the car. Not long after the auction ended, the winning bidder got a call from BMW of Nebraska telling him the auction was "a mistake," and that he couldn't have the car. In spite of the fact that the dealership changed the Buy It Now price twice -- and so was paying attention to the auction -- and eBay rules that make it clear that if someone wins the auction then you must complete the transaction, the buyer is still trying to get someone to give him the car he won at the winning bid price. Follow the link for the full story, and to you, Dooma350, good luck. Thanks for the tip, Ken!

[Full Auto log Story]

[Pherelas]

Nice car, hope he gets it in the end. Oh and it dosn't look like its BMW who's selling the car, looks like an independent dealer.

[CarMadMike]

Id seriously go all the way, get an expensive "eterny" and sue the hell out of them

[Baltoman]

Funny story

[DriftNismo]

I heard about that. Legally though he has every right to claim the M3 for the price he paid, the price the auction ended at. Those guys at the BMW Dealership are idiots. Who puts up an auction with all that detail and pictures on the car on eBay "by mistake"?

 

I just hope he DOES take legal action and gets the car.

[Andreas¹]

I heard about that. Legally though he has every right to claim the M3 for the price he paid, the price the auction ended at. Those guys at the BMW Dealership are idiots. Who puts up an auction with all that detail and pictures on the car on eBay "by mistake"?

 

I just hope he DOES take legal action and gets the car.

lol, thats almost exact same thing I posted :p

 

But yeah, I really hope he sue them and wins, but if he does, they would probably get together with all their lawyers, and he would end up biting the dust :rolleyes:

[Iced_Bullet]

The thing is though, they're contractually obliged. Just wait and see if Ebay side with the multi million $ company, or the small morally correct man ...

[CarMadMike]

Yes, i imagine this would be like all of monty burns' lawyers against lionel hutz

 

But still, what grounds to BMW have to go on? the best thing they can do is point out where other have gotten out of it, but ebay still has the contract so there still in the wrong

[hesonly5]

eBay can't side with the dealer, it won't stand up in court if the bloke takes legal action. Plus, I'm pretty sure eBay will stand with the bloke anyways, improves the company image. Hope he gets his car, he has every right to it :)

[DriftNismo]

But yeah, I really hope he sue them and wins, but if he does, they would probably get together with all their lawyers, and he would end up biting the dust :rolleyes:

 

I don't think it matters how many lawyers they get or how good their lawyers are, eBay will be on the guy's side on this one. Like Iced said, they're contractually obliged, they have to give him the car. He just needs to take them to court over it.

[MCW]

Piece of advice, buy an M5

[Nodz86]

If only they put a reserve on it then they wouldn't be in this mess.

[The Queen]

I agree with Nodz. Although I think he has every right to get the car seen as he won it. So what if the dealer "didn't want to sell it" to him, he should be entitled to that car for whatever price it went for ;)

[DriftNismo]

So what if the dealer "didn't want to sell it" to him, he should be entitled to that car for whatever price it went for ;)

 

He is entitled to it, he just needs to take legal action.