[cougfan335]

Ebay is a billion dollar business that is based on a solid auction contract. I would hope you went through their problems department first. Are these guys still on ebay and still have some gold start power seller rating or anything? You don't see Sothebys or Christies backing out of auctions because they screwed up and didn't put a reserve on an item. I would hope ebay did everything possible to right this situation, even if all they could do was cut the dealership off from its enourmous market forever. Good luck with the lawsuit!

[ragingclue]

Originally Posted by blkasp2

So what your saying is that a seller should be able to void a contract due to a mistake that was caused by their own negligence? Why would anyone ever use ebay then? This would change the whole core that ebay operates under.... ANY seller can say hey sorry, i made a mistake.. I really meant to list the car for more.. I would say you have a point if it was a 2007 lambo for 10k. I think any reasonable person would say hey... its gotta be a mistake but 238,900??? It certainly was an awesome deal but not to the point of insanity...

I think this is about the idea that setting the precedent for it to be ok to back out of auctions on the basis of it "being a mistake". That can't happen or, as you say, there will be no legal end to "oops"es if products don't sell for what the seller wishes.

The dealer made a huge mistake. When buying or selling items this heavy on eBay, it's their own fault for not checking the listing for errors. I'm sorry, but if I was putting up a $300k item, I would make DAMN SURE that there was no mistake in the listing. I can't believe they didn't realize it until the auction was already over. That is their fault. If they can't keep from screwing themselves over, that's not your problem.

[1cleanm6]

BACK in 07 im sure that car was worth something in the 300'x, so you know its a mitake, and if they are being honest and saying it is...why dont you just back off, they are in it to make money right?

Wow since you have so much money to buy one, just look for another one.

I sell cars on ebay and am a dealer, and i think your ridiculous. Its not like he didnt sell it to you because it had someone willing to pay him extra, it was an honest mistake..

[lib]

Originally Posted by Boosted335

Wow since you have so much money to buy one, just look for another one.

I sell cars on ebay and am a dealer, and i think your ridiculous. Its not like he didnt sell it to you because it had someone willing to pay him extra, it was an honest mistake..

I'm sure any time someone tries to back out of a contract with your business you just let them go and say it's an honest mistake.... right?

I'm sure you'd be thrilled if I won one of your car auctions and then decided after the fact that it was a mistake. I mean, being a dealer, you're obviously so rich you wouldn't mind just letting it go! You can just sell it to someone else!

[ragingclue]

Originally Posted by Boosted335

I sell cars on ebay and am a dealer, and i think your ridiculous.

Would you ever be careless enough to make that big of a mistake?

It's more about the precedent involved IMO.

[consolidated]

Originally Posted by Boosted335

BACK in 07 im sure that car was worth something in the 300'x, so you know its a mitake, and if they are being honest and saying it is...why dont you just back off, they are in it to make money right?

Wow since you have so much money to buy one, just look for another one.

I sell cars on ebay and am a dealer, and i think your ridiculous. Its not like he didnt sell it to you because it had someone willing to pay him extra, it was an honest mistake..

you sound just like a dealer.

[Seminole]

Originally Posted by Boosted335

BACK in 07 im sure that car was worth something in the 300'x, so you know its a mitake, and if they are being honest and saying it is...why dont you just back off, they are in it to make money right?

Wow since you have so much money to buy one, just look for another one.

I sell cars on ebay and am a dealer, and i think your ridiculous. Its not like he didnt sell it to you because it had someone willing to pay him extra, it was an honest mistake..

Mistake or not, the Buy-it-now price is the same thing as an auction with no reserve. The seller has a responsibility to ensure he listed everything properly. The buyer in the ordinary course of business acted in good faith and for value (if he put a deposit immediately after winning), which if I'm not mistaken, under the UCC constitutes a contract.

This isn't a case of an extreme mistake, as in pricing the car for $30,000 when it should have been $300,000. I have no sympathy for the dealer in this situation.

[NewSong]

Originally Posted by lib

I'm sure any time someone tries to back out of a contract with your business you just let them go and say it's an honest mistake.... right?

I'm sure you'd be thrilled if I won one of your car auctions and then decided after the fact that it was a mistake. I mean, being a dealer, you're obviously so rich you wouldn't mind just letting it go! You can just sell it to someone else!

Exhibit A

[cougfan335]

With the way the government keeps telling GM and Chrysler to renegotiate its labor contracts it might be time to do away with contract law altogether. Just think of how great it would be if there were no more golden parachutes, auctions that you can trust in any way, or football players getting their guaranteed money when they blow out a knee. Actually that sounds pretty crappy, it is the priciple at issue here and much of our economy is based on the government upholding and enforcing legally binding agreements. If it is determined that this man doesn't deserve his Lambo than we, as a whole, deserve a greater economic collapse than we are facing now.

[w00kiec00kie]

Originally Posted by Boosted335

BACK in 07 im sure that car was worth something in the 300'x, so you know its a mitake, and if they are being honest and saying it is...why dont you just back off, they are in it to make money right?

Wow since you have so much money to buy one, just look for another one.

I sell cars on ebay and am a dealer, and i think your ridiculous. Its not like he didnt sell it to you because it had someone willing to pay him extra, it was an honest mistake..

a contract is a contract
maybe the seller can plead some temporary insanity... or somehow prove that he didnt understand the ebay terms even though he clicked "agree"

yes it's a mistake
sometimes you have to pay for your mistakes.

OMG WUT?

[tom_48]

Good luck with those bastards!!!!!!!!!

[Garduna]

give em hell, those assholes!

[inmotion]

if you have not invested too much into the suit, I would just walk away. There are many LP640s that can be purchased in the low 200s. I was offered a LP640 Roadster for $240k with 5k on the odo several months ago. I would imagine a coupe would be much less. Life is too short to get caught up with this even though it is clearly the dealer's fault.

[exidisjon]

Originally Posted by inmotion

if you have not invested too much into the suit, I would just walk away. There are many LP640s that can be purchased in the low 200s. I was offered a LP640 Roadster for $240k with 5k on the odo several months ago. I would imagine a coupe would be much less. Life is too short to get caught up with this even though it is clearly the dealer's fault.

Your sig makes me

[TSM330i]

You might want to be careful how much "bad press" you pass around on this stealership. If you loose, you may be liable for posting false stories about the dealership and could end up being sued yourself.

I hope it all works out for you though. $230K for an LP640 is a real bargain.

[1cleanm6]

honestly you will not win, however you can proceed if you like.

Ebay is not a good enough contract for you, trust me. If he can prove that hes got more money in the car at that time, and market value was way higher then the buy it now price, they will not make him lose 100k for it, he can say it was a mistake, his employee did it or whatever. Or how long it was on ebay for..blah blah blah. There is a million things he can say. Ive heard of stories like this. Usually people back down i dont know what you are trying to get out of it. Especially if hes got awesome feedback.

I have had people make a mistake and purchase a car from me and things dont go as planned, financing doesnt go through, etc etc etc, there is a lot of stuff that can happen, ebay is a huge market with a lot of different situations and such. All i generally ask for is just the insertion fee that it cost me to put the car on ebay. Honestly you need to be nice to have it come back to you. This is not like buying a pair of shoes, these are $10,000+ transaction so the customer needs to be comfortable with it.

As far as making a mistake, YES it most certainly does happen, just like any other business, especially in the car business where things can get very frustrating(paperwork, marketing, customers, etc) which can un tangle your brain a bit. Honestly i dont know how he made a mistake and put 100k, i believe his employee did it and if hes in the business of such expensive cars im sure he doesnt even look at the auctions and trusts them, or maybe it was a communicationally error between them too.

Honestly, i am a dealer on ebay, you will not win everything, ESPECIALLY if hes at a 100 percent and with several transactions(care to share this info with us).

[Seminole]

Originally Posted by Boosted335

he can say it was a mistake, his employee did it or whatever. Or how long it was on ebay for..blah blah blah.

The employee is an agent of the dealership. The court won't give two shits if he can't keep his employees under control, he is liable for their actions and it is expected that he should have proper controls in place to prevent something from happening.

[jaiman]

To the OP: I'm a fan of the idea of reciprocity in business dealings. If you, in your business, would eat a 100k loss based on a typo, then I think you should continue with your suit.

I expect, though, that the sort of person who sues to try and enforce a too-good-to-be-true deal is the sort of person who would be frantically trying to break the contract if he were the seller.

The difference between this situation and Dooma's was that iirc, Dooma's was a no reserve auction and there were multiple bidders. It would therefore be easier to assert that while the winning bid was below what the dealer wanted, it did represent a market price for that M3 at that dealership at that time. As well, while it was a good deal it was reasonably close to other prices that people had negotiated.

[NewSong]

Ebay really sux.

[1cleanm6]

Originally Posted by NewSong

Ebay really sux.

how does ebay suck?

just back down man its not worth wasting your time for...

can you please tell us his transaction ammount and percentage.

[NewSong]

Originally Posted by Boosted335

how does ebay suck?

just back down man its not worth wasting your time for...

can you please tell us his transaction ammount and percentage.

I've found better deals through other websites with less hassle.

Ebay is all hype.

[blkasp2]

Just letting everyone know we settled the case amicabaly.