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Bidder Wins 09 Challenger Srt 8 On Ebay Dealer Won't Honor Auction

elcompalaline

By elcompalaline
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elcompalaline Enthusiast

elcompalaline

Posted
Posted

This was brought to our attention over on another forum I frequent. This guy could use some support to get this dealership to honor the sale. For once I would like to see a dealership get a taste of their own medicine. Check the link

 

Help a guy out, call this dealership tomorrow and demand that they honor the ebay auction... here is the dealer number - -

 

Glenn E Thomas Dodge Chrysler Jeep

2100 E Spring St

Signal Hill, CA 90755

(562) 426 - 5111

 

 

Help a guy get his due, dealerships have been screwing people for years, it is now their time to bend over.

 

CALL TODAY

nyokie Enthusiast

nyokie

Posted
Posted

if you click on view all revisions on the ebay link it says he changed reserve and buy it now price :lol: . i think this guy just lucked out that the guy truly didnt know what he was doing on ebay, notice the zero ebay score. the only way this guy gets the car is to take it to the media

ColeTrains03 Enthusiast

ColeTrains03

Posted
Posted

i think a lawyer and the media and he gets that car. It sucks for the dealer that they f*cked up but he did win it fair and square and it's not the buyers fault. If the shoe were on the other foot and the car went for $60k you know damn well the dealer would make them pay for the full amount.

Nytemare Senior Enthusiast

Nytemare

Posted
Posted

Not like they wont make up the cost on the next couple cars they sell to poor saps that have no idea.

 

Yeah I hope he gets the car.

Gregorio Enthusiast

Gregorio

Posted
Posted

Was this for real or was it some kind of mistake on the seller's part? That sucks for the buyer but is this really a binding contract for an automobile in California? The DMV has all kinds of rules about car sales. I wonder if they'll say that the contract is not binding on a dealer unless made on form Triple X-409 or some BS.

 

If e-bay does nothing to enforce other than ban the seller, the buyer's only recourse is legal but isn't there something that says both parties must act in good faith when honest mistakes are made? Is this like the grocery store that advertises filet mignon for $14 per pound but the newspaper print $4? They do not have to honor the price due to an honest mistake.

 

If this was indeed a mistake, from what I've seen in the courts (that would be a lot lately :lol: ), most judges would say that the buyer is not entitled to gain off the seller's mistake. What would his damages be? Was there another car at that price that he passed on in order to buy this one? A judge would use objectivity tests to determine how a reasonable person would view the deal. Common sense tells us that the dealer would not intentionally agree to sell below his cost because he could a) lose money and b) would be liable for damages if he breaks the contract. This is the principal factor they are looking at when determining how the mistake effects both parties.

 

I wish the guy luck because that is a nice car at a great price but I won't be holding my breath.

DwelveAT Enthusiast

DwelveAT

Posted
Posted

After reading some of the pages from the thread, I hope he gets his car. Honestly doubt it, but hopefully I am proven wrong.

Zembonez Senior Enthusiast

Zembonez

Posted
Posted

The dealer was really stupid for not placing a reserve on it. They can bail as a seller on Ebay and it will be up to the guy that won the bid to sue them for it. End result would probably be paying more for the car than he could just buy one for. Ebay likes to tout that "legal and binding contract" garbage, but laws in each state are different and their ability to make that hold up in court varies.

 

Hopefully the guy gets the car. Time will tell huh?

Jubei69 Enthusiast

Jubei69

Posted
Posted
The dealer was really stupid for not placing a reserve on it. They can bail as a seller on Ebay and it will be up to the guy that won the bid to sue them for it. End result would probably be paying more for the car than he could just buy one for. Ebay likes to tout that "legal and binding contract" garbage, but laws in each state are different and their ability to make that hold up in court varies.

 

Hopefully the guy gets the car. Time will tell huh?

 

 

He may have to have a lawyer get in touch with Dodge, the same thing happend with a full race setup Hyundai a guy won, paying less than what it would normally go for; and Hyundai of America had to step in and help resolve the sale.

brims Senior Enthusiast

brims

Posted
Posted

Can't eBay do something about it? I would think they could make them give him the car for the price since it all went through. But I don't know much about eBay's BS rules.

Zembonez Senior Enthusiast

Zembonez

Posted
Posted
Can't eBay do something about it? I would think they could make them give him the car for the price since it all went through. But I don't know much about eBay's BS rules.

That answer varies by state. In Texas, an auction is only a legally binding agreement IF the auction originates within the state of Texas. Ebay tried to get it changed here in 2008, but was unsuccessful in changing the law. Laws are so different from state to state.

chakis24 Senior Enthusiast

chakis24

Posted
Posted

i hope he gets it. according to the auction the buyer and seller agree to the pricepoint that is there at the time of the end of the auction- you cant change it after the fact because you dont like the outcome.

 

If e-bay does nothing to enforce other than ban the seller, the buyer's only recourse is legal but isn't there something that says both parties must act in good faith when honest mistakes are made? Is this like the grocery store that advertises filet mignon for $14 per pound but the newspaper print $4? They do not have to honor the price due to an honest mistake.

 

but at the same time if something is mispriced in the store they honor it. and whenever there is a print ad mistake there are signs in the store stating that there was a mistake. the dealer doesnt seem to have said anything until after he realized this guy was going to win on a low bid, and not before people started buying like when they run corrections in ads.

 

whatever happened to those best buy tvs during christmas? serious question, i dont remember. the ones that were priced for like a hundred bucks instead of 1500? i think they honored them, but only one per customer since there were people snatching them up like 5 at a time.

Gregorio Enthusiast

Gregorio

Posted
Posted
i hope he gets it. according to the auction the buyer and seller agree to the pricepoint that is there at the time of the end of the auction- you cant change it after the fact because you dont like the outcome.

 

If e-bay does nothing to enforce other than ban the seller, the buyer's only recourse is legal but isn't there something that says both parties must act in good faith when honest mistakes are made? Is this like the grocery store that advertises filet mignon for $14 per pound but the newspaper print $4? They do not have to honor the price due to an honest mistake.

 

but at the same time if something is mispriced in the store they honor it. and whenever there is a print ad mistake there are signs in the store stating that there was a mistake. the dealer doesnt seem to have said anything until after he realized this guy was going to win on a low bid, and not before people started buying like when they run corrections in ads.

 

whatever happened to those best buy tvs during christmas? serious question, i dont remember. the ones that were priced for like a hundred bucks instead of 1500? i think they honored them, but only one per customer since there were people snatching them up like 5 at a time.

 

 

Right. A mistake on the ad and they don't have to honor it. In store discrepancies are indeed by the law of most states a lowest price marked wins situation. However, I'm willing to bet that unless Chrysler/Obama steps in to make this right, this dealer is not going to honor the sale. :D

 

Being a Delaware corporation, I would expect the laws of that state would prevail.

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