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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > New & Preowned BMW Ordering / Pricing / Tracking Information Forum (including European Delivery) > Won 335 on ebay and seller wont honor sale



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      11-17-2010, 10:52 AM   #45
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Quote:
Originally Posted by ellipsis212 View Post
i think i'm the only one that doesn't agree with you on here. if there is a $10k difference in the asking price and the value of the car then the dealership may have made an honest mistake.

come on now.

recently at the liquor store around the corner i saw a really nice bottle of tequila on the shelf with a sale tag advertising it for $40. i thought that the price was too good to be true but i attempted to buy it anyway just in case they had a reason to get rid of it for cheap.

the clerk immediately realized that it was a mistake (retail price is around $75) but she called the owner to ask if they could meet me on the price. since i knew that the value was $75 i accepted their good faith offer to sell it to me for $55, it being a great deal still. never for one minute did i think that they had any obligation to sell it to me for $40.

can you really get a 2009 335i for $25k? i think you know better. unless there IS something seriously wrong with the car then my opinion is that you should move on if they wont compromise with you.

IDK, i'm probably alone thinking that honesty is a 2 way street.

So with this logic shouldnt the seller of the $25k 335i at least make an offer to the buyer that is less than the $35k price the dealer originally wanted? say $29k?

The other issue here is how do you know the dealer would not try and force the buyer to pay for the car if the buyer mistakenly bought the car for $10k more than he wanted to? or how do we know the dealer really made a mistake? It does seem odd to see a 335i for so cheap, but with there being several other stories like this you cannt say that the dealer made an honest mistake for sure. Also, did the dealer try and do anything for this potential buyer besides raise the price 10k to the price that the dealer originally wanted to sell the car?

Can you not review the ebay add before posting it as well? Seems like a big error to make (if it was an error) to place a car on ebay for almost 30% less than what they wanted.
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      11-17-2010, 11:16 AM   #46
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Quote:
Originally Posted by ellipsis212 View Post
i think i'm the only one that doesn't agree with you on here. if there is a $10k difference in the asking price and the value of the car then the dealership may have made an honest mistake.

come on now.

recently at the liquor store around the corner i saw a really nice bottle of tequila on the shelf with a sale tag advertising it for $40. i thought that the price was too good to be true but i attempted to buy it anyway just in case they had a reason to get rid of it for cheap.

the clerk immediately realized that it was a mistake (retail price is around $75) but she called the owner to ask if they could meet me on the price. since i knew that the value was $75 i accepted their good faith offer to sell it to me for $55, it being a great deal still. never for one minute did i think that they had any obligation to sell it to me for $40.

can you really get a 2009 335i for $25k? i think you know better. unless there IS something seriously wrong with the car then my opinion is that you should move on if they wont compromise with you.

IDK, i'm probably alone thinking that honesty is a 2 way street.
I'm sure that auction was up for days. They had plenty of time to cancel the auction and or alter the going price.
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      11-17-2010, 11:21 AM   #47
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+1

Quote:
Originally Posted by shockin330i View Post
I'm sure that auction was up for days. They had plenty of time to cancel the auction and or alter the going price.
+1, or even take the auction down. With an item worth that kind of money you would think they would have confirmed their ad.
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      11-17-2010, 11:33 AM   #48
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Let us know how this goes. I have actually talked to the guy with the Genesis and he got what he deserved in the end.

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      11-18-2010, 12:09 PM   #49
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Quote:
Originally Posted by cssnms View Post
If it were my money I would walk, leave the negative feedback on fleabay, call the NJ BBB and file a complaint, contact the FTC and file a complaint. The blemishes on their report card will not only warn other consumers about this dealer, but it will also cost them a lot of $ in lost sales. Do not let the temptation of a perceived good deal blind you into pursuing something that may turn out to be a nightmare.
This x2

The OP is 100% in the right but what is your time worth? Are you really going to hire a lawyer and spend weeks and $$ fighting about this? There are already inconsistencies in the listing, the car is out of state, you have no idea what they could do to the car out of spite, etc.

File a case with Ebay, leave them terrible feedback, contact BBB, and as mentioned Autoblog, Jalopnik, etc if they are willing to champion your cause but if it were me, I would let it go. You are out nothing at this point.

BTW - Ebay listings for Autos and Real Estate are non-binding. Doesn't mean that refusing to sell doesn't violate their policies, but it isn't binding under their policies.

Ebay Non-Binding Policy for Autos and Real Estate...
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      11-20-2010, 09:38 PM   #50
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Quote:
Originally Posted by chumley View Post

BTW - Ebay listings for Autos and Real Estate are non-binding
Ebay Non-Binding Policy for Autos and Real Estate...

Good to know
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      11-20-2010, 10:04 PM   #51
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Good luck, I'd find all relevant information, contact the (at least) 2 people from similar situations who got their cars (what got the dealerships to fold, letters, etc.) and craft the most convincing argument for your case. Possibly send documentation and evidence into relevant NJ authorities and ask their opinion/experience on the matter. I wouldn't, however hire anyone. As stated by many above, it's an uphill battle that you aren't guaranteed to win, I wouldn't risk additional money. Ask for someone in NJ to inspect the car, eg. mileage, condition, VIN...

With that said, best of luck!
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      11-21-2010, 07:33 AM   #52
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You're Comparing Apples to Oranges.

You are comparing something in which an item was ALREADY PURCHASED to and item that hasn't yet been purchased.



Quote:
Originally Posted by ellipsis212 View Post
i think i'm the only one that doesn't agree with you on here. if there is a $10k difference in the asking price and the value of the car then the dealership may have made an honest mistake.

come on now.

recently at the liquor store around the corner i saw a really nice bottle of tequila on the shelf with a sale tag advertising it for $40. i thought that the price was too good to be true but i attempted to buy it anyway just in case they had a reason to get rid of it for cheap.

the clerk immediately realized that it was a mistake (retail price is around $75) but she called the owner to ask if they could meet me on the price. since i knew that the value was $75 i accepted their good faith offer to sell it to me for $55, it being a great deal still. never for one minute did i think that they had any obligation to sell it to me for $40.

can you really get a 2009 335i for $25k? i think you know better. unless there IS something seriously wrong with the car then my opinion is that you should move on if they wont compromise with you.

IDK, i'm probably alone thinking that honesty is a 2 way street.
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      11-21-2010, 09:08 AM   #53
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Hire a lawyer YESTERDAY!

Have them write a strongly worded letter and have him start discovery. Just scare them a bit and let them know you are serious and have him include in the letter that you are interested in settling and if they are reputable then trust me, they will want to. Also add something you will have your attorney send to the local media, they will fold.

Best of luck.
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      11-21-2010, 09:31 AM   #54
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how would it have worked if the bid was $35,000 and the buyer said sorry i can't come up with the funds?
would the dealership have been as understanding then??
screw em, they made a mistake
and grown ups pay for their mistakes
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      11-27-2010, 04:08 AM   #55
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Unfortunately eBay prob won't make em honor the sale....anyways it's auto u couldn't pay me enuff to drove that
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      11-27-2010, 08:20 PM   #56
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Bidding on ebay is not an actual binding contract unless proved in court))))
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      11-30-2010, 02:08 PM   #57
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Quote:
Originally Posted by ellipsis212 View Post
i think i'm the only one that doesn't agree with you on here. if there is a $10k difference in the asking price and the value of the car then the dealership may have made an honest mistake.

come on now.

recently at the liquor store around the corner i saw a really nice bottle of tequila on the shelf with a sale tag advertising it for $40. i thought that the price was too good to be true but i attempted to buy it anyway just in case they had a reason to get rid of it for cheap.

the clerk immediately realized that it was a mistake (retail price is around $75) but she called the owner to ask if they could meet me on the price. since i knew that the value was $75 i accepted their good faith offer to sell it to me for $55, it being a great deal still. never for one minute did i think that they had any obligation to sell it to me for $40.

can you really get a 2009 335i for $25k? i think you know better. unless there IS something seriously wrong with the car then my opinion is that you should move on if they wont compromise with you.

IDK, i'm probably alone thinking that honesty is a 2 way street.
I don't see the point of your story. You still TRIED to buy it. The only thing stopping you was that they realized their mistake before the sale was made. if not it sounds like you would have walked out of there knowing it was a wrong price tag.
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      11-30-2010, 02:29 PM   #58
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Subscribed, I wish best luck man. I want to see these dealerships going down!!!
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      12-09-2010, 01:21 PM   #59
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Oh god. So what if it WAS a mistake on their behalf and some idiot girl put the wrong price down for their party. Honest mistake and then they have someone who wants to legally hold them to it.... YES they were wrong, but do you really want a BMW by conning your way into it. It's like popping a hot girl a pill, just so she'd go out with you. It's not meant to be. You both are wrong in your mentality. You can't tie fingerprints to ebay transactions. It could be held up in court for years. Move on. If I found out you won it, I'd roast the tires, burn up the clutch a bit, put a dead fish in the back seat, and let my mother drive it around the parking lot to F up the rims. Also, not to mention taking sandpaper to the fine leather, and a few scratches on the navigation or steering wheel. They can pawn it off as normal wear and tear. Then what? you spend a ton of $$$ on lawyer fees to say you own a worn down BMW. It could get really messy really fast.
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      12-09-2010, 01:28 PM   #60
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Quote:
Originally Posted by kmarei View Post
how would it have worked if the bid was $35,000 and the buyer said sorry i can't come up with the funds?
would the dealership have been as understanding then??
screw em, they made a mistake
and grown ups pay for their mistakes
The dealer may be pissed, but the fact is you cannot get blood from a turnip.
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      12-09-2010, 01:38 PM   #61
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Paul miller is highly reputable in the area. Sounds like an honest mistake on their part. You know for damn sure they didnt put it up there for 10K below cost. So....

However in the defense to the OP its still not fair.

Good luck.
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      12-09-2010, 01:42 PM   #62
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You may want to contact the resolution center and an attorney. If the seller has many listings on eBay, you may have a chance. Note however, that bids on eBay for cars and real property are non-binding on the bidder. Not being an attorney, I don't know what that means for the seller.

See notes on eBay at: http://pages.ebay.com/help/buy/resolving-problems.html
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