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EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

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  • EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

    http://www.challengertalk.com/forums...s-29-1k-34598/

  • #2
    Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

    http://www.examiner.com/x-6537-Tampa...aler-backs-out
    Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

    ------

    "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

    -John Wooden

    Comment


    • #3
      Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

      I don't see any way they will get out of the price, especially since he paid the $500 deposit already and is going to personally deliver the check for the balance to the dealer. They admitted their employee made a mistake. Well, sorry about your luck but that's not the winning bidder's problem. eBay states all over their site, seriously all over it, it's everywhere on every page and attached to the bottom of every auction, that ALL winning bids are legally binding contracts. That goes for the both the seller AND the buyer. Honor the price, and if you have to, fire the idiot or maybe just take some of his sales pay. The sad thing is the dealer will fight this to the point that the guy will have to hire a lawyer. Of course, it sounds like he might get it done pro bono but still.

      Comment


      • #4
        Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

        Originally posted by travmil View Post
        I don't see any way they will get out of the price, especially since he paid the $500 deposit already and is going to personally deliver the check for the balance to the dealer. They admitted their employee made a mistake. Well, sorry about your luck but that's not the winning bidder's problem. eBay states all over their site, seriously all over it, it's everywhere on every page and attached to the bottom of every auction, that ALL winning bids are legally binding contracts. That goes for the both the seller AND the buyer. Honor the price, and if you have to, fire the idiot or maybe just take some of his sales pay. The sad thing is the dealer will fight this to the point that the guy will have to hire a lawyer. Of course, it sounds like he might get it done pro bono but still.
        I agree that they should be bound by the auction terms. Unfortunately, eBay will be of no help although for their credibility they should be of LOTS of help. eBay seems to be Teflon in these disputes. People just seem to accept it's buyer beware and that eBay is an innocent victim in the middle. In the end, as far as eBay is concerned their reply to him will be that he can leave negative feedback.

        As for the bidder, he had no way to know the ad was a mistake. For all he knew the dealer was looking to sell this car to make space on the lot, help with cash flow, whatever. He could've lost the chance to buy several other cars while he was focused on this one so it's not like he can't claim to have suffered some penalty for the dealer refusing to honor this sale.

        I don't know what markup is on this car but I doubt the dealer would be losing much in reality if he just honored the auction. And I'm no tax atty but I'd say there'd be a write off available to him for whatever that loss is.

        But instead they're playing hardball and going to force this guy to hire an atty and push the issue. I wonder if all this forum buzz is really bad PR... or just an unintended viral form of advertising that is helping get their name out more than hurting it?

        One problem this buyer has is potentially ending up in front of a judge that won't take eBay seriously, just say the guy should've known this was a mistake, and find for the dealer based on some tenuous legal argument. IMHO that wouldn't be a proper legal finding (based on what we think we know) but that hasn't stopped judges from ignoring the actual law before.

        So this guy's expense in fighting this could quickly escalate if he doesn't win it early and has to go to the appeals process (where IMHO his chances raise to about 100%... but so does his time and expense in fighting at that level).

        Of course in this day and age, any and all parts of this could be part of some viral advertising campaign that we've all just become pawns in. Create a bunch of buzz over this and then when the guy shows up with the final payment accept it and hand him the keys with big fanfare and an apology. The buyer could easily be real or a shill... and I did notice he has ZERO eBay transactions.
        Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

        ------

        "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

        -John Wooden

        Comment


        • #5
          Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

          I bought a 7000.00 item on eBay back in Nov or Dec and shortly after the auction the seller messaged me to say he'd have to cancel the transaction because he'd already sold the item locally a couple of days prior. Probably, he didn't get what he expected for it from me but I have no idea. He should've canceled the auction as soon as he sold it (assuming he really did)... before any bids were placed.

          This wasn't so blatantly low of a price that I was thinking I stole it or anything though.

          Anyway, I didn't really want to agree to cancel the transaction. This was his problem, not mine. If he'd really sold it before the auction ended I couldn't expect him to sell it to me... OTOH... I did think the problem(s) that he had created should be between him an eBay. If I agreed to mutually cancel the transaction he was getting off the hook for transaction fees plus getting away with breaking the listing rules of the auction and selling off eBay.

          So I emailed eBay about it.... and their answer was I could leave negative feedback. ...and agree to cancel the transaction.

          In fact, it turned out if I didn't cancel the transaction then I'd end up a non-paying bidder... because if I didn't agree to cancel the transaction (which had to be a mutual agreement to cancel) then I'd be expected to pay for the item... even though the item I won fair and square was no longer available from the seller. ....eBay logic amazes me.

          To my way of thinking, if a seller allows an auction to complete and has a winning buyer but the item was sold off eBay, eBay should still demand their transaction fees. That stance might help somewhat police these situations from happening. Their service provided that seller a buyer which is what they seek to do. It's not their fault the seller just used eBay as an advertising service and then bypassed their transaction fees to make an off eBay sale.

          Any time a seller refuses to sell to a winning bidder it's always likely that the winning bidder bypassed other potential buys (that are now no longer available) to focus on that particular transaction.
          Last edited by Bball; 03-17-2010, 07:38 AM.
          Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

          ------

          "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

          -John Wooden

          Comment


          • #6
            Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

            Trying to find an update around the web, apparently the guy is at the dealership RIGHT NOW trying to get his car.

            Comment


            • #7
              Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

              That dealership is never and I mean NEVER going to give that guy the keys to that car ... without a court order.
              “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

              “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

              Comment


              • #8
                Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                Well, I think they will probably give it to him. The dealership needs to give in and spin this positively for themselves now. This thing has gone viral. There are over 400 news agencies reporting this story all across the US. It's on countless forums, Facebook, Twitter, you name it. The dealer is also a 5 star Chrysler dealer which is VERY hard to obtain. If they get enough complaints they will lose that status, and the dealership will have to decide whether that's worth taking a $20k loss on. My guess is that they will take the loss given how huge this has gotten. The other option here is for Chrysler to step in and take care of it which would also be wise.

                Comment


                • #9
                  Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                  I just read that eBay Home and eBay Motors actions are not considered legally binding.

                  That might be the dealership's checkmate.
                  “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

                  “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

                  Comment


                  • #10
                    Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                    Originally posted by Los Angeles View Post
                    I just read that eBay Home and eBay Motors actions are not considered legally binding.

                    That might be the dealership's checkmate.
                    Is it any different if on their actual listing they put this 'is a legal and binding contract"?

                    Also if you look at the listing at the top it says payment within 7 days yet at the bottom it says within 5 days.. kinda weird.

                    but i do remember reading about a genesis coupe and a bmw sold the exact same way and IIRC both of them got their cars for the price they bid.

                    Comment


                    • #11
                      Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                      Originally posted by ThA HoyA View Post
                      Is it any different if on their actual listing they put this 'is a legal and binding contract"?

                      Also if you look at the listing at the top it says payment within 7 days yet at the bottom it says within 5 days.. kinda weird.

                      but i do remember reading about a genesis coupe and a bmw sold the exact same way and IIRC both of them got their cars for the price they bid.
                      Hmmm ... I don't know the answers. Interesting that others in similar situations have gotten their cars ...
                      “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

                      “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

                      Comment


                      • #12
                        Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                        Originally posted by Los Angeles View Post
                        Hmmm ... I don't know the answers. Interesting that others in similar situations have gotten their cars ...
                        Yes, there has been precedence set.

                        Over 200 car enthusiast forums have banded together in support of the guy.

                        It's a sweet Challenger and I would fight for it too. I love the B5 Blue.

                        Comment


                        • #13
                          Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                          Precedence has not been set unless a COURT has said that the auto belongs in the hands of the bidder. Otherwise, this could just be a case of jumping off of a cliff because your friends are doing it.

                          On another level, there's just a little bit of "STICKIN' IT TO THE MAN" going on here that makes it a little distasteful. While a lot of money goes through dealerships, they aren't exactly Bill Gates level rich cats.

                          As a business owner, I would like to occasionally be given an opportunity to come to some middle ground on a handshake deal before thousands of people (largely uninformed and biased people who have only heard one side) start some kind of campaign.

                          Everyone knows that this is not the price of that car. That's why this bidder is SO excited. He thinks he can take advantage of someone's mistake and screw them over it. If this weren't "little guy vs. big guy" how would you feel about this mistake turning into some kind of robbery of $20,000?

                          Imagine your grandma has a guy come to fix the plumbing and he sees a guitar in the basement. He knows what it is and what it's worth. But grandma tells him "I suppose you can have that old guitar for $50." While he runs off to get $50, you come over. She tells you the story about how she's selling granddad's guitar for $50. This is where you tell her that granddad's guitar is worth at least $5000 and she can't sell it for less.

                          Now the guy comes over with $50. You tell him to go away, the guitar's not for sale anymore. He becomes belligerent and calls everyone around town telling him that "Haddie May Jones Cannot Be TRUSTED!!!"

                          Who's the jerk here?

                          Now, don't get upset at me for bringing an extreme example into this. I know that the stories aren't parallel. But I can't escape the notion that everybody thinks that because the dealership made a mistake, they should hand the guy twenty grand. no mistake is worth that in anything other than attorney's fees.

                          The "little guy" is just as capable of immoral behavior as the "big guy".

                          Canceling an auction sounds like a lesser sin than robbing someone of $20,000.
                          “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

                          “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

                          Comment


                          • #14
                            Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                            My guess there's a lot of outcry about the dealer trying to get out of the deal because car dealers try to rip people off all the time - from extra 'paperwork' fees to extended warranties, to, well, just about anything.

                            They have a reputation as some of the slimiest, dishonest sales people anywhere.

                            I had a dealership manager, at a "5 star" dealer no less, basically hold my new car for 'ransom' because he decided he wanted to give me $2000 less on my trade than he originally promised.

                            If they 'accidentally' slip an extra $500 into my purchase contract and I sign it, they are going to say 'tough, you should have read it more carefully'. Well, in this case, they screwed up and should have read things more carefully.

                            Screw them.
                            You're caught up in the Internet / you think it's such a great asset / but you're wrong, wrong, wrong
                            All that fiber optic gear / still cannot take away the fear / like an island song

                            - Jimmy Buffett

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                            • #15
                              Re: EBay - Man wins bid on Challenger; Dealer refuses to pay up for their mistake...

                              Yes, for all I know this particular dealership is run as a not-for-profit to feed starving orphans and I'm punishing them for the sins of those other bad dealers. Oh well.

                              $20,000 of lost profit isn't going to put them into bankruptcy.
                              You're caught up in the Internet / you think it's such a great asset / but you're wrong, wrong, wrong
                              All that fiber optic gear / still cannot take away the fear / like an island song

                              - Jimmy Buffett

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