Are you sure he cancelled those bids, or were they retracted by the bidders because they thought they were actually bidding on the car? People do get confused about these spots (now that I look back I have seen them before, and they all seemed to have bid retractions after questions were asked and answered). But $8400 is a lot of money to throw away. Since the time lead is so great I still think the first thing a judge is going to ask is if he tried again to sell the spot, then why he (if he did it) rejected the other bids. I can see how potential buyers would get caught on a deal like this easily. In fact, I'll bet I could list this type of auction every month and repeatedly get "winners" who misunderstood and would be obliged to pay the cost or the fees. I could make a good living on those misunderstandings. If it is as prevalent as I think it is, a judge could consider it a unforceable contract becuse there was no "meeting of the minds".
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Can I get out of winning an Ebay auction?
- Thread starter dzuyvu
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I just looked again at the bid history. He cancelled the two higher bids 20 mins before ending the auction early. He said he tried to contact one without success so he said he cancelled that one. The other one he stated misread the ad. My questions are
1. Why did he try to contact the other bidders but not me.
2. Why did he end it early?
He has not try to contact me yet by phone. I have his phone number from ebay. Would it be a good idea to call and try to resolve this by phone or continue by email.
Should I refer this case to ebay safe harbor to investigate. He has not tried to contact me since yest. He offered to accept $6000 for the spot. Again why doesn't he just relist?
1. Why did he try to contact the other bidders but not me.
2. Why did he end it early?
He has not try to contact me yet by phone. I have his phone number from ebay. Would it be a good idea to call and try to resolve this by phone or continue by email.
Should I refer this case to ebay safe harbor to investigate. He has not tried to contact me since yest. He offered to accept $6000 for the spot. Again why doesn't he just relist?
I wouldn't give him a dime yet. The fact that he ended the auction early (in addition to eliminating a qualified bidder without reason) might negate his entire auction. His "selection" of your bid is now beyond suspicious, and his early termination is a sign that something was amiss. Many, many ebay auctions don't get bids until the last 5 minutes
Do everything by email so you will have a record of the communications. The more he says, the deeper it gets for him. Not being able to contact a bidder might be his criteria for dropping them out, but it makes the auction tainted. Did he state that he would drop bidders if he could not contact them? The second bidder being confused is exactly what I was saying before. These type of auctions are almost a scam, and certainly a scam in the making.
Do everything by email so you will have a record of the communications. The more he says, the deeper it gets for him. Not being able to contact a bidder might be his criteria for dropping them out, but it makes the auction tainted. Did he state that he would drop bidders if he could not contact them? The second bidder being confused is exactly what I was saying before. These type of auctions are almost a scam, and certainly a scam in the making.
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Good news.....
Though the ebay post doesn't say which Ft. Lauderdale BMW dealership the list is at, I just called Lauderdale BMW and talked with a Mr. Malcolm Bruton. He said that the spot on a waiting list is NOT transferable.... and is only available to the person who paid the deposit ($5000).
He also asked me to send him the ebay ad (which I did)...
.
If he can find out who the seller is, he might just cancel his 'spot'!!
What this means simply is.... the sale is void, no contract, as the item he was trying to sell cannot be delivered.
Finally, though he said that this was a policy of BMW, you might want to also confirm with the other BMW dealers in the area. They can be found at:
http://www.car-buying-strategies.com/bmw-dealers/fl/fort-lauderdale-bmw-dealers.html
Though the ebay post doesn't say which Ft. Lauderdale BMW dealership the list is at, I just called Lauderdale BMW and talked with a Mr. Malcolm Bruton. He said that the spot on a waiting list is NOT transferable.... and is only available to the person who paid the deposit ($5000).
He also asked me to send him the ebay ad (which I did)...
.If he can find out who the seller is, he might just cancel his 'spot'!!
What this means simply is.... the sale is void, no contract, as the item he was trying to sell cannot be delivered.
Finally, though he said that this was a policy of BMW, you might want to also confirm with the other BMW dealers in the area. They can be found at:
http://www.car-buying-strategies.com/bmw-dealers/fl/fort-lauderdale-bmw-dealers.html
john123456
Member
Wow JETX! Great work.JETX said:Good news.....
Though the ebay post doesn't say which Ft. Lauderdale BMW dealership the list is at, I just called Lauderdale BMW and talked with a Mr. Malcolm Bruton. He said that the spot on a waiting list is NOT transferable.... and is only available to the person who paid the deposit ($5000).
He also asked me to send him the ebay ad (which I did)...
If he can find out who the seller is, he might just cancel his 'spot'!!
What this means simply is.... the sale is void, no contract, as the item he was trying to sell cannot be delivered.
Finally, though he said that this was a policy of BMW, you might want to also confirm with the other BMW dealers in the area. They can be found at:
http://www.car-buying-strategies.com/bmw-dealers/fl/fort-lauderdale-bmw-dealers.html
Veronica1228
Senior Member
Isn't he dreamy?john123456 said:
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1&item=4558172217&category=6131
might also check some midwest dealers
might also check some midwest dealers
Thanks JETX for your research. Thanks so much for your help and advice on my problem. I really appreciate it.
I'll call some of the BMW dealerships in that area and confirm this information. I have the buyer's name and his so call spot (number) so I'll find out. So I email him with this information or just keep quiet until he tries to squeeze me again?
I'll call some of the BMW dealerships in that area and confirm this information. I have the buyer's name and his so call spot (number) so I'll find out. So I email him with this information or just keep quiet until he tries to squeeze me again?
You Are Guilty
Senior Member
Above and beyond the call of duty. Nice work, JETX. Free M5 for you! Just sign up on this "pre order list"
I have emailed the seller and his response now is
have spoke with all parties as well. I have also pulled the appropriate case law governing this exact issue. There are a series of Florida State and 11th Circuit cases directly on point, I am sure your hired counsel can pull all necessary cases for you viewing via Westlaw or Lexis-Nexis.
The way the transaction is negotiated is via a broker's agreement. My dealer is ready and willing to do so. They will not transfer the spot into your name, but rather list myself as the broker and you being the beneficiary/recipient of the vehicle. You will be in constant contact with the dealer. You will pick colors and options with the dealer. Further, the authorized BMW dealer will be fully aware that you are the party to receive the vehicle and not I. This is assurance that I believe will allow the most doubtful to sleep at night.
This is an industry standard and a "generally accepted business practice". . This is the method by which these spots are conveyed day in and day out with BMW or any other manufacturer. I am further governed, as are you, by State law, and the rules and regulations of the Uniform Commercial Code as it relates to Sales Transactions.
You have now since contacted my dealer and thus solidified the existence of exactly what I have advertised. The beginning of your letter indicates that you would like to reach "a general agreement or settlement on this issue". I have always indicated to you that I am a reasonable person and am not looking to make a killing on the auction. The original auction price was for $8,400 and change. I offered you the auction for $6,000. I believed that to be reasonable. I am not quite sure what you feel would be a reasonable amount to settle this issue. Please respond and I am sure we can reach an accord.
What should I do. The original ad did not mention anything about a broker or contract with one. All the dealers have told me that only the original person who put a deposit down can purchase the car. What do you guys think?
have spoke with all parties as well. I have also pulled the appropriate case law governing this exact issue. There are a series of Florida State and 11th Circuit cases directly on point, I am sure your hired counsel can pull all necessary cases for you viewing via Westlaw or Lexis-Nexis.
The way the transaction is negotiated is via a broker's agreement. My dealer is ready and willing to do so. They will not transfer the spot into your name, but rather list myself as the broker and you being the beneficiary/recipient of the vehicle. You will be in constant contact with the dealer. You will pick colors and options with the dealer. Further, the authorized BMW dealer will be fully aware that you are the party to receive the vehicle and not I. This is assurance that I believe will allow the most doubtful to sleep at night.
This is an industry standard and a "generally accepted business practice". . This is the method by which these spots are conveyed day in and day out with BMW or any other manufacturer. I am further governed, as are you, by State law, and the rules and regulations of the Uniform Commercial Code as it relates to Sales Transactions.
You have now since contacted my dealer and thus solidified the existence of exactly what I have advertised. The beginning of your letter indicates that you would like to reach "a general agreement or settlement on this issue". I have always indicated to you that I am a reasonable person and am not looking to make a killing on the auction. The original auction price was for $8,400 and change. I offered you the auction for $6,000. I believed that to be reasonable. I am not quite sure what you feel would be a reasonable amount to settle this issue. Please respond and I am sure we can reach an accord.
What should I do. The original ad did not mention anything about a broker or contract with one. All the dealers have told me that only the original person who put a deposit down can purchase the car. What do you guys think?
I think that he is full of smoke. Ask him to provide a letter on the dealers letterhead confirming the statements he makes... that the dealer will accept the transfer, for what amount.... including ALL the things he promises.dzuyvu said:
I doubt that he can provide that letter as the rest of his post is full of crap. For example: the 'spot on the list' does NOT give you the right to "pick colors and options with the dealer."
When the dealer gets the first one in.... he calls the first in line and offers THAT vehicle (color and options) to that 'buyer'. If he doesn't accept, he offers to the next and so on until someone accepts that vehicle.
If he does provide something (which I doubt) call that dealer and confirm that they sent the letter.
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