Jump to content

GTR on ebay causes internet shitstorm


CRed05

Recommended Posts

Link to comment
Share on other sites

Sadly, he probably won't get the car. This explains it:

http://www.sportscarmarket.com/columns/legal-files/2188-he-won-the-bid-not-the-bmw

 

he still has a good chance because of this

 

So who gets the car?

 

 

If you've been tracking the legal analysis, you probably think the buyer is going to get the BMW. Sorry, you're mistaken about that.

 

Based on the buyer's version of the story, it seems pretty certain that he would win a lawsuit, and the dealer would be found to have breached the auction contract. But there are two ways the court could select the most appropriate remedy-force the dealer to sell this particular car to the buyer at the bid price, which the law refers to as specific performance, or simply award money damages to the buyer.

 

Specific performance is generally awarded only when money damages are inadequate to remedy the breach. That usually comes up when the subject of the contract is unique and there is no equivalent substitute. For example, real estate is always considered to be unique because each property has its own individual characteristics and location, and it's near impossible to find another one that is exactly the same.

 

But no matter how hard it might be to find a new M3, it is just another production car, and the factory can easily build another one exactly like this one. Consequently, it is highly unlikely that any court would order the dealer to sell this particular M3 to this particular buyer.

Rather, the buyer will have to go find another equivalent M3 and buy it. The buyer can then recover damages equal to what the other M3 costs him less the $60,000 bid. For example, if he has to pay the $70,000 MSRP, he could recover $10,000. But if he finds another one for $61,000, then his damages are only $1,000.

 

And, once again, legal fees will be an important component here. Unless applicable state law provides for the recovery of attorney fees in such a case, which would be unusual, the buyer will be out of pocket for his attorney fees, win or lose. That could make a relatively slam-dunk case into an uneconomical pastime for the buyer.

 

it would probably be cheaper for the dealer to just honor that bid because they may end up paying a lot more

Link to comment
Share on other sites

If the people running that dealership had any brains at all they would just apologize and sell the guy the car for the winning bid amount. The amount they are going to lose/have to spend to recover from the PR damage and drama will be more than $5000.
Link to comment
Share on other sites

Looks like they got the picture that Internets are indeed serious business.

 

UPDATE: Honda San Marcos owner Randall Ammons returned our request for a comment. Ammons told us that the dealership plans on honoring the agreed upon eBay auction price. Ammons said over the phone, “Bottom line, the person who listed it did so incorrectly; that’s our fault.” Ammons continued, “We spent years getting a great reputation, and a deal’s a deal, we’re going to honor it.”

 

 

http://wot.motortrend.com/gt-r-for-55100-dealer-latest-to-refuse-to-honor-ebay-auction-105645.html

Link to comment
Share on other sites

I'm glad he's getting his car.

 

However, if the dealer thinks this somehow redeems them in the public's eye, they are dead wrong.

 

Requiring 50,000 calls from anonymous strangers and media attention out the ass to simply honor a deal is disgusting.

Link to comment
Share on other sites

bahahahaah love these responses on thast first forum

 

 

 

 

I just got off the phone with them. The same cute girl answered. I said I wanted to talk to someone in used sales. She asked what it was about. I said the 2010 honda fit with 2k miles on thei website. She asked me to hold, then came back with the same story about all the salespeople being busy and can she have my name and number to call back. I said "well that's okay, I'm heading into a meeting for the next hour and will just try back when I get out." She said someone just got freed up, and transferred me to Dave.

 

Dave: (tens of phones ringing off the hook in the background) This is Dave, how can I help you?

 

Me: I am calling about the 2010 honda fit on your website. It says 'ask dealer for price', and I am wondering what the price is because I have been looking for a low mileage fit.

 

Dave: Gosh, that one has actually been sold. Can I interest you in a 2011?

 

Me: No, I really wanted to pick one up used, sorry. Do you mind me asking a question about the one you had?

 

Dave: No, go right ahead.

 

Me: Well I was wondering, when you sold it to the buyer, did you sell it for the price you quoted them, or did you try to **** them for another $4,000 on top of it because you are a bunch of thieving pricks?

 

click

 

 

 

 

 

 

bahahahaa anotehr funny one

 

"I decided to give them a call again and pretended to be a legitimate buyer.

 

Ring 1....2....3.....4....5.....6.....7.....8.....9....10....11.. .

 

(Female) Hello, How may I direct your call?

(me) Yes, I'm inquiring about the new black 2011 Honda Accord. I'd like to know some of my options

(Female) Hold on , one moment please.....( la la la )

(Male Dealer picks up line) Hello how can I help you?

(me) Do you guys do credit checks if I was to finance the new 2011 Honda Accord?

(Male Dealer) Yes we do, unless you would decide to pay cash. Also, are you looking for the 2 or 4 door model?

(me) I changed my mind. I want that badass black Skyline GTR. I'll be glad to purchase it for $55,100. That's in cash too.

 

......click."

Link to comment
Share on other sites

I can't believe the stuff some people put on there FB page. Do people really not care what is linked through there FB page?

 

Heck, some employers would have a field day on those people....

 

When you work at Dollar General, no one cares what is on your facebook page.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...