Guy wins Ebay auction for GTR, dealer refuses sale

[michelle]

http://my350z.com/forum/the-lounge-off-topic/531951-won-ebay-auction-at-55-1k-for-gt-r-honda-of-san-marcos.html

[EvolvedRegal]

Guy sounds like he has a case.

Hope he gets the GT-R.

[Crawlin]

Sweet,

55.1k for the winning bid, and they'll sell it to him for 59k instead?

While I will agree there is a principal to the matter, guarantee the guy is gonna spend more than $4000 in time and energy and money trying to fight all of this.

[Waver]

However in this case, wouldnt he eventually get that back? A lot of time they also go after the legal fees.

[Crawlin]

However in this case, wouldnt he eventually get that back? A lot of time they also go after the legal fees.

Depends on the state and how the lawsuit is approached. More than likely the answer is going to be "no" to the lawyer fees.

On top of that, with the amount of negative postings and "harassment" that is being done by the members of that site, the dealership is within their rights to actually countersue the person for that harrassment. Its one thing to have a couple people with signs outside of your dealership protesting, and to have experiences listed on the BBB and otehr dealer rating sites, but to blatantly target the site(even on facebook), having people that have never been to the dealership, who have never had experiences there, posting and swearing and email bombing and spamming them, can be defined as harrassment.

Nick, you know how Sadek was/is. Imagine if this would have happened to him. Do you really think Steve would have sat idle and just let a lawsuit happen? He would have ran this guy through the ropes.

[PureSound15]

However in this case, wouldnt he eventually get that back? A lot of time they also go after the legal fees.

Not all legal disputes award the prosecution with restitution of legal fees.

There's actually only a couple instances where that works, from what I remember.


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[Waver]

Depends on the state and how the lawsuit is approached. More than likely the answer is going to be "no" to the lawyer fees.

On top of that, with the amount of negative postings and "harassment" that is being done by the members of that site, the dealership is within their rights to actually countersue the person for that harrassment. Its one thing to have a couple people with signs outside of your dealership protesting, and to have experiences listed on the BBB and otehr dealer rating sites, but to blatantly target the site(even on facebook), having people that have never been to the dealership, who have never had experiences there, posting and swearing and email bombing and spamming them, can be defined as harrassment.

Nick, you know how Sadek was/is. Imagine if this would have happened to him. Do you really think Steve would have sat idle and just let a lawsuit happen? He would have ran this guy through the ropes.

Lol.....Sadek......I would have to agree with you on that one.

[Prince Valiant]

Texas is a loser pays state, and given the strength of the case the guy has, me thinks it'll never get to court. The dealer will take the hit on this one.

[Prince Valiant]

Actually, I think he'll end up with a win...but not the kind he wants. My guess is that the dealer will end up selling the car if he can't get some kind of injunction so that the dealer holds the car ASAP. If it goes to it's new owner, well...good luck getting it back after it's in his possession.

He'd still win a court case, but really...how much in damages and punitive do you think they could get?

[Crawlin]

I believe one of the postings states that Texas' law says if they try and sell it to someone else, that he can go out and buy another one from a different dealer, and they'd have to pay the difference

which in reality, if you think about it... might actually be MORE beneficial.

Imagine him picking one up in WA state, and having HALF the distance to get it home to Alaska. So not only did he save in transportation, but he doesn't have to worry about that dealership fucking the car up.

[-stew-]

Could be worse. Guy from work bought an Escelade, was pimpin it like a pimp does in a Caddy, gets his emmisions notice in the mail, takes it in and it passes. Few days later the police knock on his door and inform him his trucks vin number threw a flag in madison, is a stolen vehicle and they are confiscating it. The large Buick/gmc dealer in Chicago he bought it from says "sorry about that. Nothing we can do for ya. By the way, you're still gonna have to pay the note on that stolen truck we sold you."

[IcePickFreak]

IIRC a similar thing happened with a guy bidding on an SRT8 Challenger maybe a year ago. Word made it around the internet pretty quick and the dealer soon found it better to take a loss on the one vehicle than get all the bad publicity for not honoring the deal.


Could be worse. Guy from work bought an Escelade, was pimpin it like a pimp does in a Caddy, gets his emmisions notice in the mail, takes it in and it passes. Few days later the police knock on his door and inform him his trucks vin number threw a flag in madison, is a stolen vehicle and they are confiscating it. The large Buick/gmc dealer in Chicago he bought it from says "sorry about that. Nothing we can do for ya. By the way, you're still gonna have to pay the note on that stolen truck we sold you."

That's fucked up. Even if you get a lawyer involved and have a solid case, that's a lot of screwing around.

[CATNHAT]

Could be worse. Guy from work bought an Escelade, was pimpin it like a pimp does in a Caddy, gets his emmisions notice in the mail, takes it in and it passes. Few days later the police knock on his door and inform him his trucks vin number threw a flag in madison, is a stolen vehicle and they are confiscating it. The large Buick/gmc dealer in Chicago he bought it from says "sorry about that. Nothing we can do for ya. By the way, you're still gonna have to pay the note on that stolen truck we sold you."

Guys you work with buy stolen cars? Never happened to me? Hmmmmm.

[Nickerz]

eBay dropped the "binding contract" clause about 2 years ago and in their terms lists that "bidding should be fun."

He has no case.

[Josepy]

eBay dropped the "binding contract" clause about 2 years ago and in their terms lists that "bidding should be fun."

He has no case.

I agree this guy is pretty much fucked which sucks. Ebay says they may suspend or terminate there account. Oh big fucking whoop.

[Taetsch Z-24]

He got the car...

StanceNation
UPDATE: The GTR issue we posted earlier is taken care of. The dealer has agreed to sell the car for winning bid as they should have in the first place!

[Ricky Bobby]

winnnar

[jbiscuit]

winning

[Nix]

Damn! If it is true then consider it case closed & won. Win!

[WilliamZ]

Good deal!