Bought M6 On Ebay, Dealer Backing Out
Thread Starter
Super Member
Joined: Dec 2006
Posts: 527
Likes: 1
From: Indianapolis, IN
2012 JDM
Bought M6 On Ebay, Dealer Backing Out
As the title says, I bought an M6 on EBAY and now the stealer is backing out of the deal. I have called to place my deposit but they refused to accept it. I informed them that EBAY is a binding agreement and they agree but still refuse the sale.
This is a well known dealer in Plano, TX.
What are my options other than leaving negative feedback on EBAY??
Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32
This is a well known dealer in Plano, TX.
What are my options other than leaving negative feedback on EBAY??
Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32
MBWorld Fanatic!
Joined: Feb 2004
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1989 Toyota Tercel EZ - dyno'd @ 70whp/77wtq
+1 Contact ebay.... you may not get the car still.... but would add 1 strike to their account.... 3 strikes on their account, they're banned.
Damn.... you must've gotten very excited when you won
I know I would....
Damn.... you must've gotten very excited when you won
I know I would....
Member
Joined: Aug 2007
Posts: 229
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From: Dallas
CLS 55
I tried to buy a car from them for a girlfriend of mine a couple of weeks ago. They were complete **** birds! Lying, gouging, *******s, so we bought one in Houston, even though Classic is just a few miles away.
Member
Joined: Oct 2007
Posts: 161
Likes: 5
From: Corona, CA
2004 E55 AMG; 1995 Porsche 993 Cab.
Texas DMV should be able to help..... (not speaking from experience).
I'd overtly remind them that their dealership license is in jeopardy if they refuse to complete the sale as advertised on THEIR written terms... (as given in the Ebay Auction)...
See the enforcement code sections here...
http://tlo2.tlc.state.tx.us/statutes....002301.00.htm
and you might try calling the enforcement division of the Texas DMV...
http://www.dot.state.tx.us/contact_us/motor_vehicle.htm
Maybe quoting the section heading will be enough for them to "cave" in to their own terms of sale.
Regards,
Clive.
Hmm... funny that for a first post here it's regarding a crappy BM-Trouble-You dealer...
I'd overtly remind them that their dealership license is in jeopardy if they refuse to complete the sale as advertised on THEIR written terms... (as given in the Ebay Auction)...
See the enforcement code sections here...
http://tlo2.tlc.state.tx.us/statutes....002301.00.htm
and you might try calling the enforcement division of the Texas DMV...
http://www.dot.state.tx.us/contact_us/motor_vehicle.htm
Maybe quoting the section heading will be enough for them to "cave" in to their own terms of sale.
Regards,
Clive.
Hmm... funny that for a first post here it's regarding a crappy BM-Trouble-You dealer...
Last edited by D Bst; Oct 10, 2007 at 02:59 PM.
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MBWorld Fanatic!
Joined: Jan 2007
Posts: 1,359
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ML550
They obviously forgot to include a reserve amount in their auction (e.g., they made a mistake in their auction listing). This will be their position.
Assuming you've fully complied with their terms listed at the bottom of their ad, I would suggest you immediately open a dispute with them on eBay, as well as contact eBay directly regarding their refusal to honor your winning bid.
From a legal standpoint, you have the option to sue them in equity for specific performance, but it's unlikely you would prevail since it is quite obvious that they never intended to sell the car for $50K. It's a mistake in the offer terms on their part, and in equity, many state statutes permit a contract to be rescinded or cancelled for a unilateral mistake of fact (i.e., listing a $100K car without a reserve price). Courts typically decline the remedy of specific performance in the case of unilateral mistake. You would need to prove that you did not know they meant to sell the car for only $50K; chances are you probably expected the car to sell for $80K - $90K, so you likely knew immediately your winning bid of only $50K occurred only as a result of a mistake in their listing.
If you pursue the legal action, maybe you can get them to pony up a settlement of $5K or $10K to make you go away before they spend that amount on legal fees defending your lawsuit. Either way, it sucks, but you've definitely got an uphill battle to actually end up with the car for only $50K. Good luck and let us know how it turns out. Sorry the law doesn't really favor you on this one.
Assuming you've fully complied with their terms listed at the bottom of their ad, I would suggest you immediately open a dispute with them on eBay, as well as contact eBay directly regarding their refusal to honor your winning bid.
From a legal standpoint, you have the option to sue them in equity for specific performance, but it's unlikely you would prevail since it is quite obvious that they never intended to sell the car for $50K. It's a mistake in the offer terms on their part, and in equity, many state statutes permit a contract to be rescinded or cancelled for a unilateral mistake of fact (i.e., listing a $100K car without a reserve price). Courts typically decline the remedy of specific performance in the case of unilateral mistake. You would need to prove that you did not know they meant to sell the car for only $50K; chances are you probably expected the car to sell for $80K - $90K, so you likely knew immediately your winning bid of only $50K occurred only as a result of a mistake in their listing.
If you pursue the legal action, maybe you can get them to pony up a settlement of $5K or $10K to make you go away before they spend that amount on legal fees defending your lawsuit. Either way, it sucks, but you've definitely got an uphill battle to actually end up with the car for only $50K. Good luck and let us know how it turns out. Sorry the law doesn't really favor you on this one.
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Joined: Feb 2005
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From: Atlanta
CTSV/6sp Grocery Getter
Them not listing a reserve is not YOUR problem. It is an error on the dealership and they have to find a way to take care of the problem internally.
They have 34 feedback posts listed, I don't think they can claim they did not know what they were doing when they listed the car.
An absolute auction is not a unilateral mistake. People bid what something is worth. In this case, the car is worth the $50k bid. On another day, the car may be worth more or less.
Don't back down from this and let the stealer decline the transaction. They can give you the car for $50k and let the dealer claim the rest as a loss or try and get their errors and omissions insurance to cover the difference (if there is such a thing for dealerships)?
They have 34 feedback posts listed, I don't think they can claim they did not know what they were doing when they listed the car.
An absolute auction is not a unilateral mistake. People bid what something is worth. In this case, the car is worth the $50k bid. On another day, the car may be worth more or less.
Don't back down from this and let the stealer decline the transaction. They can give you the car for $50k and let the dealer claim the rest as a loss or try and get their errors and omissions insurance to cover the difference (if there is such a thing for dealerships)?
Super Member
Joined: Dec 2004
Posts: 783
Likes: 22
From: Atlanta
06 E55 Black
As the title says, I bought an M6 on EBAY and now the stealer is backing out of the deal. I have called to place my deposit but they refused to accept it. I informed them that EBAY is a binding agreement and they agree but still refuse the sale.
This is a well known dealer in Plano, TX.
What are my options other than leaving negative feedback on EBAY??
Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32
This is a well known dealer in Plano, TX.
What are my options other than leaving negative feedback on EBAY??
Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32
MBWorld Fanatic!
Joined: Sep 2006
Posts: 2,175
Likes: 0
06 EuroElites E55
that would be great if you could get a M6 for 50K **** id take one also. but now look at this seriously what if it were you that made the mistake and didnt put a res? people sayin its not your fault look at it the other way around.
MBWorld Fanatic!
Joined: Nov 2006
Posts: 9,137
Likes: 4
From: California, USA
E63 P30, CL500 Sport
Brand New M6 For $50,000 on E-Bay !!!!
E-bay is a binding agreement, and they will have to abide by it or suffer the consequences of breaking the contract.
By the way, do NOT forget to save all the auction listing on your computer because they may take it off soon. Save everything relating to that auction, including pictures, descriptions, prices, terms and conditions, and everything else you can.
Contact E-bay and then contact DMV in Texas and go from there.
Good luck....
By the way, do NOT forget to save all the auction listing on your computer because they may take it off soon. Save everything relating to that auction, including pictures, descriptions, prices, terms and conditions, and everything else you can.
Contact E-bay and then contact DMV in Texas and go from there.
Good luck....
Senior Member
Joined: Jan 2006
Posts: 386
Likes: 1
From: Jupiter, Florida
2005 E55, 2004 E55(sold), 2001 Viper GTS, 2006 Viper VOI9, 1994 ZR-1 Corvette 2009 Viper ACR,
LOL, no, not gonna happen...... Thats all I have to say. Its not "advertised" at No reserve... Its an obvious mistake..
Last edited by Taximan1; Oct 10, 2007 at 03:43 PM.
MBWorld Fanatic!
Joined: Feb 2005
Posts: 1,728
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From: Atlanta
CTSV/6sp Grocery Getter
They messed up and they will have to pay this time. I am sure they will be more careful next time when they list a car!
I don't know how long the listing was on Ebay for, but they had more than enough time to change any wrong information.
MBWorld Fanatic!
Joined: Feb 2007
Posts: 1,010
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From: Phoenix by way of Texas
2003 E55 AMG
As the title says, I bought an M6 on EBAY and now the stealer is backing out of the deal. I have called to place my deposit but they refused to accept it. I informed them that EBAY is a binding agreement and they agree but still refuse the sale.
This is a well known dealer in Plano, TX.
What are my options other than leaving negative feedback on EBAY??
Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32
This is a well known dealer in Plano, TX.
What are my options other than leaving negative feedback on EBAY??
Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eB...ksid=p3907.m32
MBWorld Fanatic!
Joined: Sep 2006
Posts: 2,175
Likes: 0
06 EuroElites E55
I bet if you were selling the car and the dealer won with a $50k bid, they would certainly hold you to the deal!
They messed up and they will have to pay this time. I am sure they will be more careful next time when they list a car!
I don't know how long the listing was on Ebay for, but they had more than enough time to change any wrong information.
They messed up and they will have to pay this time. I am sure they will be more careful next time when they list a car!
I don't know how long the listing was on Ebay for, but they had more than enough time to change any wrong information.
Senior Member
Joined: Mar 2007
Posts: 297
Likes: 2
From: Houston
2005 E55
Absolutely zero chance of getting this car from them in any legal forum. It will only cost you money. Just move on.
your best chance is to posture up a little, then start negotiating another car they have... maybe they'll cut a truly good deal on it to make you happy.
your best chance is to posture up a little, then start negotiating another car they have... maybe they'll cut a truly good deal on it to make you happy.
Super Member
Joined: May 2005
Posts: 648
Likes: 1
From: Chicago, IL
'08 S65, '04 Range Rover(The House), '06 Lexus GS 300(Wifey's), '02 Sea Ray 360 Sundancer
Oh I get it! I kick your A
with the Stage II and U think U can go out and get a M-car to retaliate. Think again!
I thought it was strange that I was there in the Circle City and couldn't find U! U R going to need the $30K that U R saving in this deal for MODS to hang with my Beast!
TRADER!!!!!
http://www.youtube.com/watch?v=QhqNcC-5xbs
So if U do get that Bavarian Manure Wagon, just come on back up here for another!
with the Stage II and U think U can go out and get a M-car to retaliate. Think again! I thought it was strange that I was there in the Circle City and couldn't find U! U R going to need the $30K that U R saving in this deal for MODS to hang with my Beast! TRADER!!!!!http://www.youtube.com/watch?v=QhqNcC-5xbs
So if U do get that Bavarian Manure Wagon, just come on back up here for another
!
Last edited by ENDSMTG; Oct 10, 2007 at 06:36 PM. Reason: Adding attach
MBWorld Fanatic!
Joined: Nov 2006
Posts: 9,137
Likes: 4
From: California, USA
E63 P30, CL500 Sport
You should at least consult a lawyer. It will only cost you a small consultation fee, and they will tell you whether they would be able to do something about it or not.
If you sign a contract, both parties must abide by that contract; just because that contract was on line does NOT make it any different.
If you sign a contract, both parties must abide by that contract; just because that contract was on line does NOT make it any different.
MBWorld Fanatic!
Joined: May 2005
Posts: 1,261
Likes: 0
From: chicagoland
08 E63
Oh I get it! I kick your A with the Stage II and U think U can go out and get a M-car to retaliate. Think again! I thought it was strange that I was there in the Circle City and couldn't find U! U R going to need the $30K that U R saving in this deal for MODS to hang with my Beast! TRADER!!!!!
with the Stage II and U think U can go out and get a M-car to retaliate. Think again! I thought it was strange that I was there in the Circle City and couldn't find U! U R going to need the $30K that U R saving in this deal for MODS to hang with my Beast! TRADER!!!!!
Almost a Member!
Joined: Apr 2003
Posts: 47
Likes: 0
From: FL
M6
From a legal standpoint, you have the option to sue them in equity for specific performance, but it's unlikely you would prevail since it is quite obvious that they never intended to sell the car for $50K. It's a mistake in the offer terms on their part, and in equity, many state statutes permit a contract to be rescinded or cancelled for a unilateral mistake of fact (i.e., listing a $100K car without a reserve price). Courts typically decline the remedy of specific performance in the case of unilateral mistake. You would need to prove that you did not know they meant to sell the car for only $50K; chances are you probably expected the car to sell for $80K - $90K, so you likely knew immediately your winning bid of only $50K occurred only as a result of a mistake in their listing.
If you pursue the legal action, maybe you can get them to pony up a settlement of $5K or $10K to make you go away before they spend that amount on legal fees defending your lawsuit. Either way, it sucks, but you've definitely got an uphill battle to actually end up with the car for only $50K. Good luck and let us know how it turns out. Sorry the law doesn't really favor you on this one.
It seems you know much more about this than me so please explain. I thought that for it to be lacking genuine assent it had to be a mutual mistake and that unilateral mistakes have valid acceptance.
