Guy wins auction for Lancer Evo, but dealer refuses to sell
11-03-2003, 09:22 AM
#41
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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.
11-03-2003, 09:52 AM
#43
Gimmie my points Biatch!
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hehehe i posted on friendster. Thru my friends I know 500,000 people. Should tell some scientist dude that is going the 6 degrees of seperation and you can probably track everybody thru this. hahaha wouldn't it be a funny case study to study in college for the many years to come. I feel bad for the dealership. NOT!
11-03-2003, 12:21 PM
#46
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Originally posted by kensteele
You are forgetting that selling a vehicle involves transferring a title. As a result, there more to the sale than winning an ebay auction. You have to be able to legally transfer the title under state law. If you cannot, does that supercede ebay? Let's say the winning bidder arrives to pickup the vehicle and after doing a title search, he discovers that there is an unsatisfied lien on the vehicle [title]. Which means he is not the true sole owner of the car? What then?
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.
You are forgetting that selling a vehicle involves transferring a title. As a result, there more to the sale than winning an ebay auction. You have to be able to legally transfer the title under state law. If you cannot, does that supercede ebay? Let's say the winning bidder arrives to pickup the vehicle and after doing a title search, he discovers that there is an unsatisfied lien on the vehicle [title]. Which means he is not the true sole owner of the car? What then?
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.
i'm not arguing what happens if someone goes to pick up a car. To be honest with you, i could give a fuck.
The ONLY thing i was talking about is that the contract is legally binding. Thats what the issue is really about. If he decides to sue, it will be because of breach of contract. simple as that.
11-03-2003, 12:31 PM
#47
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Originally posted by dets
i'm not arguing what happens if someone goes to pick up a car. To be honest with you, i could give a fuck.
The ONLY thing i was talking about is that the contract is legally binding. Thats what the issue is really about. If he decides to sue, it will be because of breach of contract. simple as that.
i'm not arguing what happens if someone goes to pick up a car. To be honest with you, i could give a fuck.
The ONLY thing i was talking about is that the contract is legally binding. Thats what the issue is really about. If he decides to sue, it will be because of breach of contract. simple as that.
11-04-2003, 04:38 AM
#52
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Originally posted by 03typeS6spd
they gave him the offer back finally...
113 pages...crazy
they gave him the offer back finally...
113 pages...crazy
11-04-2003, 06:04 AM
#54
'Big Daddy Diggler'
if you have good documentation, call the problem solvers. I am serious, they will help in a matter like this. They hate nothing more than someone getting jerked.
11-04-2003, 06:23 AM
#58
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Originally posted by acura_service
from my brief experience with evo, he should be lucky he didn't win it
from my brief experience with evo, he should be lucky he didn't win it
11-04-2003, 06:39 AM
#59
Race Director
well technically the waranty that comes with the evo isnt worth shit.
mitsubishi has been real shady with the evo. if anything goes wrong with the car, they say the car has been raced and deny warranty, with no proof.
and in some cases mitsubishi employees have been sent out to tracks to photograph evo owners racing and use that against them
mitsubishi has been real shady with the evo. if anything goes wrong with the car, they say the car has been raced and deny warranty, with no proof.
and in some cases mitsubishi employees have been sent out to tracks to photograph evo owners racing and use that against them
11-04-2003, 06:48 AM
#60
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Originally posted by SilviaGTO
well technically the waranty that comes with the evo isnt worth shit.
mitsubishi has been real shady with the evo. if anything goes wrong with the car, they say the car has been raced and deny warranty, with no proof.
and in some cases mitsubishi employees have been sent out to tracks to photograph evo owners racing and use that against them
well technically the waranty that comes with the evo isnt worth shit.
mitsubishi has been real shady with the evo. if anything goes wrong with the car, they say the car has been raced and deny warranty, with no proof.
and in some cases mitsubishi employees have been sent out to tracks to photograph evo owners racing and use that against them
11-04-2003, 09:50 AM
#61
Senior Moderator
bottom line. don't fuck w/ the internet.
11-05-2003, 07:49 PM
#63
Houses Won't Depreciate?
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11-06-2003, 03:36 AM
#64
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Originally posted by zamo
yeah, seems that he got it
http://forums.nasioc.com/forums/show...31#post4931081
yeah, seems that he got it
http://forums.nasioc.com/forums/show...31#post4931081
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