Guy wins auction for Lancer Evo, but dealer refuses to sell
10-31-2003, 04:50 PM
#7
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If the car is already sold and titled, the ebay winner has nothing. All he can sue for is his damages. I think the dealer is wrong...but it happens all the time.
I once sold something on ebay and after the bidding ended, I went to package up the item to mail it...dropped it and broke it...ruined. Do I still owe the item to the winner? No.
It happens all the time. Sell you wares on ebay. Winner wins bid and is obligated to purchase. Seller delivers goods. Winner says goods are not as describes and refuses to pay...returns goods. No ebay bid is final until the deal is done and both have delivered.
My guess is ebay warns and/or suspends.
I once sold something on ebay and after the bidding ended, I went to package up the item to mail it...dropped it and broke it...ruined. Do I still owe the item to the winner? No.
It happens all the time. Sell you wares on ebay. Winner wins bid and is obligated to purchase. Seller delivers goods. Winner says goods are not as describes and refuses to pay...returns goods. No ebay bid is final until the deal is done and both have delivered.
My guess is ebay warns and/or suspends.
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10-31-2003, 05:04 PM
#8
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that sucks..
they just want to make all kind of money
but not lose even a penny.
just...tell this to the car magazine or whatever is concerns about this auto business..
that sucks...and dealer sucks too..and so does dealership..
damn..they all suck
they just want to make all kind of money
but not lose even a penny.
just...tell this to the car magazine or whatever is concerns about this auto business..
that sucks...and dealer sucks too..and so does dealership..
damn..they all suck
10-31-2003, 05:17 PM
#9
I now drive an accord....
Originally posted by kensteele
If the car is already sold and titled, the ebay winner has nothing. All he can sue for is his damages. I think the dealer is wrong...but it happens all the time.
I once sold something on ebay and after the bidding ended, I went to package up the item to mail it...dropped it and broke it...ruined. Do I still owe the item to the winner? YES .
It happens all the time. Sell you wares on ebay. Winner wins bid and is obligated to purchase. Seller delivers goods. Winner says goods are not as describes and refuses to pay...returns goods. No ebay bid is final until the deal is done and both have delivered.
My guess is ebay warns and/or suspends.
If the car is already sold and titled, the ebay winner has nothing. All he can sue for is his damages. I think the dealer is wrong...but it happens all the time.
I once sold something on ebay and after the bidding ended, I went to package up the item to mail it...dropped it and broke it...ruined. Do I still owe the item to the winner? YES .
It happens all the time. Sell you wares on ebay. Winner wins bid and is obligated to purchase. Seller delivers goods. Winner says goods are not as describes and refuses to pay...returns goods. No ebay bid is final until the deal is done and both have delivered.
My guess is ebay warns and/or suspends.
10-31-2003, 05:59 PM
#10
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The only good thing about this deal...is you can actually go down there & punch that guy in his nuts...unlike the zillions of faceless rip-offs who sell on ebay. If nothing else, that's satisfaction in my book.
Atleast this dealership can't pickup & go into hiding if you really wanted to sue.
Atleast this dealership can't pickup & go into hiding if you really wanted to sue.
10-31-2003, 05:59 PM
#11
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Originally posted by kensteele
If the car is already sold and titled, the ebay winner has nothing. All he can sue for is his damages. I think the dealer is wrong...but it happens all the time.
I once sold something on ebay and after the bidding ended, I went to package up the item to mail it...dropped it and broke it...ruined. Do I still owe the item to the winner? No.
It happens all the time. Sell you wares on ebay. Winner wins bid and is obligated to purchase. Seller delivers goods. Winner says goods are not as describes and refuses to pay...returns goods. No ebay bid is final until the deal is done and both have delivered.
My guess is ebay warns and/or suspends.
If the car is already sold and titled, the ebay winner has nothing. All he can sue for is his damages. I think the dealer is wrong...but it happens all the time.
I once sold something on ebay and after the bidding ended, I went to package up the item to mail it...dropped it and broke it...ruined. Do I still owe the item to the winner? No.
It happens all the time. Sell you wares on ebay. Winner wins bid and is obligated to purchase. Seller delivers goods. Winner says goods are not as describes and refuses to pay...returns goods. No ebay bid is final until the deal is done and both have delivered.
My guess is ebay warns and/or suspends.
this auction is for $26000.......
I just think there is a big difference.......also according to some post, the dealer still has the car .....UNSOLD
11-01-2003, 09:42 AM
#13
SHIFT_over.so.I.can.see
that's what reserves are for...
everyone forgets though that the dealer already took a hit. a lot of wasted advertising fees to sell to another auto broker.
those ebay fees are horrendous at that price!
everyone forgets though that the dealer already took a hit. a lot of wasted advertising fees to sell to another auto broker.
those ebay fees are horrendous at that price!
11-01-2003, 11:03 AM
#15
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This reminds me of the guy who got sued by a VW dealer for posting their bad service on the internet. Thousand of readers responded, the dealer dropped the suit and apologized the guy. He was looking for some lawyer fee from the dealer.
I hope this will turn out the same and the dealer would have to sell the guy the car for what he bidded or less.
I hope this will turn out the same and the dealer would have to sell the guy the car for what he bidded or less.
11-01-2003, 11:46 AM
#18
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Originally posted by kansaiwalker1
Wow, that is a long thread, 23 pages and growing. Even has 2 trolls included for free!
Wow, that is a long thread, 23 pages and growing. Even has 2 trolls included for free!
11-01-2003, 11:57 AM
#19
Senior Moderator
over 200,000 views on that thread. 
11-02-2003, 10:02 AM
#22
Sounds legal to me. First off both partys are new to Ebay so they have inexperience. The auction has it written that they can sell the car locally, & end the auction, or cancel the bids. Once that was in the listing this guy has no recourse. He's outa luck.
11-02-2003, 10:10 AM
#23
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Yeah but the auction ended before the seller could end the auction and the seller did not tell the buyer that it was sold until the buyer emailed mark mitsubishi.
Ebay auctions are leagally binding contracts(
) so the seller is obligated to sell the vehicle. If he would have ended the auction early or emailed the buyer than there wouldn't be a problem.
I hope they get screwed, I've been listening to their annoying radio comemrcials for years, they can burn in HELL!@
Ebay auctions are leagally binding contracts(
) so the seller is obligated to sell the vehicle. If he would have ended the auction early or emailed the buyer than there wouldn't be a problem.I hope they get screwed, I've been listening to their annoying radio comemrcials for years, they can burn in HELL!@
11-02-2003, 11:02 AM
#25
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Originally posted by fuzzy02CLS
Sounds legal to me. First off both partys are new to Ebay so they have inexperience. The auction has it written that they can sell the car locally, & end the auction, or cancel the bids. Once that was in the listing this guy has no recourse. He's outa luck.
Sounds legal to me. First off both partys are new to Ebay so they have inexperience. The auction has it written that they can sell the car locally, & end the auction, or cancel the bids. Once that was in the listing this guy has no recourse. He's outa luck.
Never bid on a car with those stipulations. They can weasel themselves out easily, which may have been the case.
78 pages and counting
11-02-2003, 03:08 PM
#29
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Originally posted by zamo
i bet the seller wont give a s**t and is now like
i bet the seller wont give a s**t and is now like
11-02-2003, 03:16 PM
#30
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if they get hassled enough, maybe and i repeat maybe they will sell the car at that price.
you guys think ebay is like signing a contract that is irrevocable. the worst that can happen is that ebay will suspend their account. and that is it, nothing else, just that. if the dealer really does not want to sell, they wont. period. if you sell on ebay consistently, you would definately agree with me.
you guys think ebay is like signing a contract that is irrevocable. the worst that can happen is that ebay will suspend their account. and that is it, nothing else, just that. if the dealer really does not want to sell, they wont. period. if you sell on ebay consistently, you would definately agree with me.
11-02-2003, 03:30 PM
#31
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Originally posted by power3dfx
if they get hassled enough, maybe and i repeat maybe they will sell the car at that price.
you guys think ebay is like signing a contract that is irrevocable. the worst that can happen is that ebay will suspend their account. and that is it, nothing else, just that. if the dealer really does not want to sell, they wont. period. if you sell on ebay consistently, you would definately agree with me.
if they get hassled enough, maybe and i repeat maybe they will sell the car at that price.
you guys think ebay is like signing a contract that is irrevocable. the worst that can happen is that ebay will suspend their account. and that is it, nothing else, just that. if the dealer really does not want to sell, they wont. period. if you sell on ebay consistently, you would definately agree with me.
And the seller can create a new account. Thats why he is like
11-02-2003, 09:08 PM
#33
Senior Moderator
Originally posted by mattg
over 200,000 views on that thread.
over 200,000 views on that thread.
11-03-2003, 12:41 AM
#35
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jesus guys are there any legal professionals on this forum?
first off, it is binding. the only reason why is because he needs to end the auction early as soon as he accepted the bid. He had won the AUCTION and now rightfully owned the right to purchase the vehicle. the fact that the AUCTION was not ended, puts the seller full liability of supplying a vehicle or funds to equal or acceptable value
first off, it is binding. the only reason why is because he needs to end the auction early as soon as he accepted the bid. He had won the AUCTION and now rightfully owned the right to purchase the vehicle. the fact that the AUCTION was not ended, puts the seller full liability of supplying a vehicle or funds to equal or acceptable value
11-03-2003, 04:30 AM
#36
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Originally posted by dets
jesus guys are there any legal professionals on this forum?
first off, it is binding. the only reason why is because he needs to end the auction early as soon as he accepted the bid. He had won the AUCTION and now rightfully owned the right to purchase the vehicle. the fact that the AUCTION was not ended, puts the seller full liability of supplying a vehicle or funds to equal or acceptable value
jesus guys are there any legal professionals on this forum?
first off, it is binding. the only reason why is because he needs to end the auction early as soon as he accepted the bid. He had won the AUCTION and now rightfully owned the right to purchase the vehicle. the fact that the AUCTION was not ended, puts the seller full liability of supplying a vehicle or funds to equal or acceptable value
Also a contract is a two-way deal. What happens if the winner arrives on the scene and finds that he hates the color of the car and that is was not accurately described in the pictures? Is the winner obligated to still pay for the car? Remember, it's a contract, you can't obligate one party without obligating the other.
All I am saying is there's more to this than just winning an ebay auction and when the auction ended and who notified who. Ebay has no enforcement powers. Only the courts do. I've been in court for cars, the judge does whatever is right and legal based on the circumstances. A deal gone bad is hardly ever substituted with another [similar] vehicle or funds.
I know I am OT a bit, just trying to get you guys to not focus on ebay so much....and it's not bait and switch by a long shot. I'm going to go back and read thru more of those posts.
11-03-2003, 05:38 AM
#38
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Originally posted by kensteele
...and it's not bait and switch by a long shot...
...and it's not bait and switch by a long shot...
Perhaps, it is not bait and switch, so much as it is straight dishonesty.
11-03-2003, 08:08 AM
#40
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the funny thing is that since he allowed the auction to end and never cancelled it...Mark Mistubishi now has to pay the fee's to ebay for the listing and the sale. There is no way around that. You really think ebay isn't going to charge him for the 5% or whatever they take as a cut for him selling a $27000 item. I think not. So if ebay is going to put claim on this guy so can the auction winner.