Guy wins ebay auction for Lancer EVO8, and dealer won't sell

codex57 · Oct 31, 2003

http://forums.nasioc.com/forums/showthread.php?s=&threadid=442510

Just getting the word out

PuShAkOv · Oct 31, 2003

sad sad... at least he didn't pay any depost... because sellers claim those are non-refundable.

Tom · Oct 31, 2003

Thats pretty interesting, I'll have to keep an eye on that thread to see how it goes.

coyotefreek · Oct 31, 2003

Thats ****ed up, he should sue.

PuShAkOv · Oct 31, 2003

spending $1000s on lawyers is not very smart.

coyotefreek · Oct 31, 2003

PuShAkOv said:

True

codex57 · Oct 31, 2003

Contingency fee. That's all it takes. One lawyer willing to take it up on contingency. That's why there are so many lawsuits out there. Usually only defense lawyers get paid by the hour.

codex57 · Oct 31, 2003

The Scottsdale dealership is at markscars.com, so sign up: info@markscars.com, help@markscars.com, webmaster@markscars.com, sales@markscars.com, president@markscars.com, etc.

Given that the Internet Sales Schumck is "Josh Jones", so try jjones@markscars.com, josh@markscars.com, joshj@markscars.com, etc.

Now I know what e-mail addresses to use when Real.com or any of those spam places asks for my e-mail.

edit: hmm, markscars.com just sends up a bunch of popups. Wonder what happened.

coyotefreek · Oct 31, 2003

codex57 said:

And Divorce lawyers [V]

, though they get payed by the minute. [mad]

Big Daddy · Oct 31, 2003

codex57 said:

If there is not a pretty solid guarantee of big bucks contingency is out of the question, and I do not see that here. I had the same problem with a BMW on eBay I won and the seller refused to sell, stating that he discovered the title was not clear. The fact was that the car sold, no reserve, to me for about 5k less than low book and he decided he was losing too much money.

BavarianWheels · Oct 31, 2003

codex57 said:

Here's the Ebay page on this...I was/am able to view it...

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2438028950

Tom · Oct 31, 2003

Thats a pretty nice car, no wonder they arent selling it at that price.

xLibelle · Oct 31, 2003

DAMN, this has probably been spread to millions!!!

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It appears that this car is STILL for sale.

You guys need to help this guy out.
You can do so by a number of ways:
complain to mitsubishi at 1-888-MITSU-2004
Mark himself at (480) 425-5300
Sign them up for news letters using 'info@markscars.com'; 'help@markscars.com'; 'webmaster@markscars.com'; 'sales@markscars.com'; 'president@markscars.com'

Contact ebay and let them know it has given bad publicity
Ebay Phone Numbers:
Hours 7:30 AM 5:30 PM PT M-F
1-408-376-6554 Fax Main
1-408-558-7404 -Fax Customer Support

Hours 7:30 AM 5:30 PM PT M-F
1-800-322-9266
1-888-749-3229
1-877-438-3229 (California only)
1-408-558-7400
Know Persons Extension press 1
Dial by name Directory press 0
Customer Service press 2
Operator press 3

EDIT: i removed Josh's home info.

MrElussive · Oct 31, 2003

Guys, this is not a big deal. The dealership just doesn't take eBay very seriously. What they did was only unethical...the guy won the auction for $26K on eBay but this dude was willing to pay $32K for the car. They are a business, not a charity...they would rather have the extra $8K and one unsatisfied guy, than do the ethically right thing.
Sure I feel for the guy who wanted his rightfully-won eBay car, but he should just get over it and move on...he will be able to buy another car on eBay and sueing the dealership isn't worth the time and money, especially since the car is already gone. Shit happens, and I hope for the best for that guy.

PuShAkOv · Oct 31, 2003

I agree 100% with Mr. E.

This is not fraud... it is eBay, If you do not buy/sell something you list on eBAY it is just that... its not fraud.

Nobody signed anything, paid anyone or had any legal obligation to sell the car. As E. said,.. it is a business and by their user profile you can see that they were just trying the eBay thing out and probably forgot to set the min. bid price.

Guy is an a$$hole for taking this matter that long

xLibelle · Oct 31, 2003

Actually, eBay is a place of legal sale. Anything they state in their legalities has very strong holding!!!
If he gets a lawer on this, he will get exactly what he's asking for.

But who cares if he wins or not. The point is, some BASTARD ebay sales guy f*cked up and is getting his ass beaten for it. hehehe

Dinan55 · Nov 1, 2003

Problem: Asshole Mitsubishi salesman.

Solution: Molotov Cocktails.

mikev · Nov 1, 2003

PuShAkOv said:

xlibelle is right. on ebay there are disclaimers before you sign up. Did you know that wether you read or ignor the disclaimer once you click proceed it is a leagaly binding contract. with a good lawyer he would Rip this guy to peices. its like the online direct debits that do not need a signature to proceed!

ok so they have put this disclaimer at the bottom which would mean that if these guys cancelled the auction they are completely absolved, However if its true that the auction ended without being canceled then this disclaimer means absouluty nothing at all.

(this is true in England not sure about states) if someone walked into my shop and wanted a car that i had price at 5k under list, I have the right to withdraw it from sale for 24hrs so long as no money has changed hands. i can then resell it at the higher price. If who evers problem it is can prove that the salesman accepted an offer after the auction, within i'd say 1 or 2 hours, then he might have a case.

unfortunatly if he sold the car or took a deposit before the auction was over then its just tough the car has already been sold. its not nice or good business practice but he would have broken the contract between him and the new buyer.

the only other thing is that if this guy is such a hot shot car salesman why the hell hasn't he heard of reserve prices (might have something there but not sure)

man its early here [:(]

Big Daddy · Nov 1, 2003

MrElussive is correct as is xLibelle. There is a contract by bidding, however there are no damages and a suit would be difficult and expensive, not worth the effort. Give the guy negative feedback warning others and move on. When I was in the same situation I complained to eBay and they suspended the seller, that was all the satisfaction I got, oh well.

xLibelle · Nov 1, 2003

Who says the dealer is going to use that ID again - its at negative one!
Yes, it could end up as a rough case because no monies have exchanged hands, but i would think its a good enough for case that buy using ebay's services, there was a legal agreement and it was blatantly broken.
The other thing is, that guy obviously has $26,200 to put down on a lawyer, the returns would be far greater. Actually, i would just ask for the car for winning price (and i suppose its already understood the lawyer gets his cut from the defendant), that dealer has fallen under enough grief as it is.
26 grand for that car is a steal! I would ask him to have a last chance to settle out of court to purchase the car, then id hand him the papers.

Guy wins ebay auction for Lancer EVO8, and dealer won't sell

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