Thanks for the help. Just wondering if everything he said is correct, then can he still hold me to the original contract. No where in his auction ad did he mention he was a broker. Does the fact that the spot would not transfer into my name make a difference in terms of the original agreement. Does this still make the auction void. I have spoken with all the local dealerships and the sales managers all state that spots only are for those who place deposits. They are non-transferable. I'm still very leary of dealing with this person. Can he still seek damages? Sorry for all the questions. Thanks again in advance for the help.
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Can I get out of winning an Ebay auction?
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Lets try this ONE more time:dzuyvu said:Thanks for the help. Just wondering if everything he said is correct, then can he still hold me to the original contract. No where in his auction ad did he mention he was a broker. Does the fact that the spot would not transfer into my name make a difference in terms of the original agreement. Does this still make the auction void. I have spoken with all the local dealerships and the sales managers all state that spots only are for those who place deposits. They are non-transferable. I'm still very leary of dealing with this person. Can he still seek damages? Sorry for all the questions. Thanks again in advance for the help.
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.
What part of that did you not understand??
But what the heck... you didn't follow my earlier advice either.... so no surprise that you can't follow that either.
Remember when I said: "KEEP QUIET!!! At least until you have confirmed what Bruton advised. If it is correct..... then you might email him with a notice that his contract is void and any attempt to litigate will force you to pursue a counterclaim. Then, let it die."??
Sorry I wasn't clear initially. I confirmed what Burton stated with all the local dealerships. They all have the same policies. None of them would confirm which one the spot was at even though I had the person's name and spot due to privacy concerns. They would only confirm that a spot could not be transfered. I only wrote the seller just as you instructed after confirming the above. I also told him that the contract was then void since he could not sell something he could not rightfully do. His response was the previous entry. I only wrote the other entry to see what you guys thought of his being a broker and if that changes anything since there was no mention of that in the original ebay ad.
Just an update to the situation. After requesting that he provide a letter from the dealership as JETX advised, he got back to me with an Affidavit of Intent which spells out what he would do. What do you guys think of this. It turns out that his an attorney (not sure what type). He did not get the letter from the dealership that I asked for.
I also got a copy of his deposit contract but I think he left out the terms of the contract on purpose. I could not tell if there was specific language in there that prevented a transfer or ownership. After finding out the dealership, Coggin Auto Mall in Ft. Pierce, I spoke with the general sales manager there, Dave Colonna, who confirmed his spot but specifically told me that all spots were not transferable. If he did not want his spot then he would be refunded his money. If I wanted a spot I could have one but at the end of the line.
In his Affidavit of Intent he claims that the dealer is willing and able to convey this spot to the brokered recipient. Mr. Colonna states that that there are no brokered deals and that spots are only for those that leave deposits.
At this point should I just keep quiet and wait for him to contact me again or should I tell him to get the original letter from the dealership like I originally asked. What is this Affidavit of Intent? Do you think he has a deal with his sales advisor? He did tell me that the name on the list would not change only that he is now acting as broker. Has the deal changed significantly enough to warrant a denial of damages? Since he is an attorney do you think he will leave me alone?
Thanks for your help on this.
I also got a copy of his deposit contract but I think he left out the terms of the contract on purpose. I could not tell if there was specific language in there that prevented a transfer or ownership. After finding out the dealership, Coggin Auto Mall in Ft. Pierce, I spoke with the general sales manager there, Dave Colonna, who confirmed his spot but specifically told me that all spots were not transferable. If he did not want his spot then he would be refunded his money. If I wanted a spot I could have one but at the end of the line.
In his Affidavit of Intent he claims that the dealer is willing and able to convey this spot to the brokered recipient. Mr. Colonna states that that there are no brokered deals and that spots are only for those that leave deposits.
At this point should I just keep quiet and wait for him to contact me again or should I tell him to get the original letter from the dealership like I originally asked. What is this Affidavit of Intent? Do you think he has a deal with his sales advisor? He did tell me that the name on the list would not change only that he is now acting as broker. Has the deal changed significantly enough to warrant a denial of damages? Since he is an attorney do you think he will leave me alone?
Thanks for your help on this.
It still sounds like he is lying and trying to either get out of his contract with the dealership, or make some money by reselling the spot. Since the dealership has confirmed that these spots are NOT transferrable (I'm sure this is exactly the reason), then IMO he is voiding his contract with the dealer, and you risk not getting any spot...even if you paid this schlump the money. So, think about it this way: he is trying to sell something he is expressly forbidden to sell. That doesn't sound like a legal transaction to me. And, we're not talking about fifty bucks here. You're considering handing this stranger a lot of money, possibly with no product that can be delivered.
Ask the dealership for a copy of the agreement if he won't give it to you. IMO this is a scam. If you paid for this spot knowing it is not transferable, then you would be a party to a fraud. Perhaps his plan is that a buyer will keep quiet rather than admit that he has been taken, or admit violating the intent or letter of the dealer's contract.
Wait him out. Then, report him to Ebay and leave truthful and negative feedback.
Ask the dealership for a copy of the agreement if he won't give it to you. IMO this is a scam. If you paid for this spot knowing it is not transferable, then you would be a party to a fraud. Perhaps his plan is that a buyer will keep quiet rather than admit that he has been taken, or admit violating the intent or letter of the dealer's contract.
Wait him out. Then, report him to Ebay and leave truthful and negative feedback.
It doesn't matter what HE promises. If he can't get the dealer to provide something to confirm their acceptance of his 'deal'... he has nothing to sell.dzuyvu said:Just an update to the situation. After requesting that he provide a letter from the dealership as JETX advised, he got back to me with an Affidavit of Intent which spells out what he would do. What do you guys think of this. It turns out that his an attorney (not sure what type). He did not get the letter from the dealership that I asked for.
Since you seem insistent on continuing to contact him..... tell him in WRITING that he has 3 business days to present a WRITTEN statement from the dealer confirming that they will honor his 'deal'.... or your OFFER to purchase is rescinded.
Then, STOP DEALING WITH HIM!!!!
What do you guys think of this latest letter.
Dear Sir,
I have again yet to have any communication with yourself or any legal representative on your behalf.
My intent is to sue yourself for the full value of the auction. My legal representatives will also include and action for all legal expenses incurred. Your conterclaim is welcome and will be dismissed as my good faith grounds are clear and your email stating "I know I made a mistake in bidding for the spot and then not canceling it when I found another" is prima facie evidence of breach of contract.
I have spoken with my legal represenatives, as my area of legal expertise is in a different field, and they informed me to give you 5 business days from the date of this email to comply with the terms of payment as per our email correspondence.
If I have not heard back from you, a suit will be filed immediately on the first day after the 5th business day window. The respective complaint will be served at your personal address via local law enforcement.
I have ignored him since we last communicated. He still has not asked ebay for a refund of fees. He has not relisted the item to sell. Does he have any rights then to damagaes? I still have not told him that I have spoken with his dealer and confirmed that the spot is non-transferable. He still has not gotten me the letter from the delership. Should I now inform him of my discoveries and ask again for this letter from the dealership or continue to keep quiet? Thanks again for your help.
Dear Sir,
I have again yet to have any communication with yourself or any legal representative on your behalf.
My intent is to sue yourself for the full value of the auction. My legal representatives will also include and action for all legal expenses incurred. Your conterclaim is welcome and will be dismissed as my good faith grounds are clear and your email stating "I know I made a mistake in bidding for the spot and then not canceling it when I found another" is prima facie evidence of breach of contract.
I have spoken with my legal represenatives, as my area of legal expertise is in a different field, and they informed me to give you 5 business days from the date of this email to comply with the terms of payment as per our email correspondence.
If I have not heard back from you, a suit will be filed immediately on the first day after the 5th business day window. The respective complaint will be served at your personal address via local law enforcement.
I have ignored him since we last communicated. He still has not asked ebay for a refund of fees. He has not relisted the item to sell. Does he have any rights then to damagaes? I still have not told him that I have spoken with his dealer and confirmed that the spot is non-transferable. He still has not gotten me the letter from the delership. Should I now inform him of my discoveries and ask again for this letter from the dealership or continue to keep quiet? Thanks again for your help.
I 'think' I would ignore ALL communication from this guy unless/until an attorney contacts you or you get a notice from a court. Anything else he sends you is..... crap.dzuyvu said:What do you guys think of this latest letter.
As I have already said TWICE..... STOP DEALING WITH HIM!!!!
You Are Guilty
Senior Member
I'm also taking bets that this stupe isn't an attorney. (If a lawyer really wrote that letter, I suspect he's spent his career doing doc review and never actually practicing law.) In either event, it's just fluff intended to scare you into paying.
First, I think most of us agree he is still trying to sell something that he cannot legally sell.
Second, if he is getting all this legal help, and is a lawyer himself, he should know that his "legal expenses" are seldom recoverable in this type of civil suit (at least that's what I've encountered and been told many times).
Until he proves he has a right to sell the "spot", which you have verification that he does NOT, he is spitting into the wind.
Second, if he is getting all this legal help, and is a lawyer himself, he should know that his "legal expenses" are seldom recoverable in this type of civil suit (at least that's what I've encountered and been told many times).
Until he proves he has a right to sell the "spot", which you have verification that he does NOT, he is spitting into the wind.
Update to situation.
Seller just called me and after discussing the issues with him, he states he wants to settle for $500. He will send me a notice of cancellation of contract and release of all liability. Do you think this is reasonable or do you think he realizes that he does not have enough to complete the transaction?
Seller just called me and after discussing the issues with him, he states he wants to settle for $500. He will send me a notice of cancellation of contract and release of all liability. Do you think this is reasonable or do you think he realizes that he does not have enough to complete the transaction?
Of course it is 'reasonable' for him. After all, he is going to get $500 of your money for absolutely nothing at all. Remember, he has NO case against you. Since you seem intent on paying someone.... send me $499.... and I will take care of this for you!!dzuyvu said:Do you think this is reasonable or do you think he realizes that he does not have enough to complete the transaction?
Not to be unkind...but this is like you are running your head into a wall, and because it hurts a little less each time you just keep doing it.
Tell the idiot that he CANNOT sell what is NOT LEGALLY TRANSFERABLE.
THERE IS NO...repeat....NO....CONTRACT!
There never WAS any contract because his offer was based on a fraud.
You owe him nothing.
Tell the idiot that he CANNOT sell what is NOT LEGALLY TRANSFERABLE.
THERE IS NO...repeat....NO....CONTRACT!
There never WAS any contract because his offer was based on a fraud.
You owe him nothing.
Happy Trails
Senior Member
I know a lot of posters are frazzled when they come to this site, but WOW.
Dzuyvu, you need to open up your mind and let the info. you have been given sink in.
Keep saying to yourself, "I must IGNORE him", until you understand.
Dzuyvu, you need to open up your mind and let the info. you have been given sink in.
Keep saying to yourself, "I must IGNORE him", until you understand.
john123456
Member
dzuyvu:dzuyvu said:Update to situation.
Seller just called me and after discussing the issues with him, he states he wants to settle for $500. He will send me a notice of cancellation of contract and release of all liability. Do you think this is reasonable or do you think he realizes that he does not have enough to complete the transaction?
Rather than trying to appease the ebay shyster, you should get on your hands and knees and thank JETX for saving you $8,000+ !!
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