Won ebay auction, Honda of San Marcos refusing to honor ** PICKED UP PG. 16 **

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Old 08-09-2011, 09:47 AM
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Personally I say you buy Enzo's car. From the comment section of the Motor Authority Report story:
Originally Posted by Enzo Rollis
why would u put it up on ebay with no reserve if your not going to honor the winning bid. i could sell him my GTR with 15,600 miles gun metallic for $55,000 going to get the 2012 well all i can say keep us inform.
Seems like a better deal to me.

I'd buy that and still drag the dealer through the mud (legally) for their actions...

Last edited by juniorbean; 08-09-2011 at 09:50 AM.
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Old 08-09-2011, 09:52 AM
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OP has a case. I still think you should try Small Claims as they breached a Contract by not selling to you. It does not cost much and you represent yourself.

But good luck OP. They were wrong to List and not sell on the price that it reached. That is not the way an auction works.
Old 08-09-2011, 09:56 AM
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g/l to the OP... have you heard back from eBay?
Old 08-09-2011, 10:06 AM
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Small claims court cannot exceed $10K loss, and since nothing was spent, unfortunately this will be dismissed in a jiffy.
Old 08-09-2011, 10:08 AM
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Originally Posted by TeknoKing
Small claims court cannot exceed $10K loss, and since nothing was spent, unfortunately this will be dismissed in a jiffy.
You cannot sue to have a contract enforced? Do you have to prove damages?
Old 08-09-2011, 10:28 AM
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I don't understand how some ppl could be such ignorants and suggest OP to cut lose of the dealership. So you got fucked up in the ass and let they laugh at you and let them get away with it? and let them fuck up the next person after you and others to come?

I can't guarantee the OP will win but at least he's not being a pussy. At least he already win the experience of how to deal with this kind of situations; or damage the dealership's reputation so ppl would not bid on their eBay's post the next time. He's not only helping himself but others as well. If the dealership could get away this time with no damaged, there'll be a great chance they'd do it again.
It sucks you can't sue for emotional distress because it's clearly you have to deal with a lot of BS, being laughed at, etc.

OP got time and committed to solve his problem, the least we can do is support, not fking discouragement. $5k seems little to someone but in some places ppl die of hunger because they don't have $1/day to eat. I'd rather donate that $5k to save dying childrens than feeding these type of shady dealships.

Best of luck OP, keep us updated.
Old 08-09-2011, 10:37 AM
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Good luck and kudos for going through with this.
Old 08-09-2011, 10:43 AM
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Old 08-09-2011, 10:50 AM
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Originally Posted by charliemike
You cannot sue to have a contract enforced? Do you have to prove damages?
The judge will ask and what damages do you seek from Mr.BlahBlah... You can only win if you prove that the breach of contract has dramatically ruined your life.

A 21 yr old plaintiff is suing for a breach of contract on eBay over a sport car where absolutely no monetary exchange was performed, and I don't think the judge will take his sweet time to review eBay's policy... by the way eBay policy states that all transactions are done in good faith with mutually beneficial relationship between the seller and the buyer.... Bunch of hot smoke.

The lawsuit paperwork may scare the dealer into doing the right thing.... but as of now, he is being a douche, and since the op failed to leave a deposit (even though he tried), that immediately voids the 'contract'. It's a case of he says, she says... 'I've wanted to give a deposit, but I wasn't provided an address.'...etc..etc.. a merry go round.
Old 08-09-2011, 10:54 AM
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Originally Posted by umakemekissu
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I don't understand how some ppl could be such ignorants and suggest OP to cut lose of the dealership. So you got fucked up in the ass and let they laugh at you and let them get away with it? and let them fuck up the next person after you and others to come?.
Look up the definition of ignorants.

I think you've watched too much Judge Judy... I don't see anyone discouraging OP from pursuing this rightful matter; it just won't avail to much. The seller made a mistake and wants to cowardly back out of it. You can tarnish his reputation; I believe this is as far as it would go.
Old 08-09-2011, 11:15 AM
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Originally Posted by TeknoKing
Look up the definition of ignorants.

I think you've watched too much Judge Judy... I don't see anyone discouraging OP from pursuing this rightful matter; it just won't avail to much. The seller made a mistake and wants to cowardly back out of it. You can tarnish his reputation; I believe this is as far as it would go.
You've missed a lot of posts if you haven't seen anyone telling him to give it up.

The dealers reputation is very important to them. They can hire the most famous person in all of Texas to advertise for them but that still won't carry as much weight as what actual customers tell say.
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Old 08-09-2011, 11:17 AM
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Originally Posted by KaMLuNg
g/l to the OP... have you heard back from eBay?
He's 21, he's not up yet.
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Old 08-09-2011, 11:21 AM
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Originally Posted by black label
You've missed a lot of posts if you haven't seen anyone telling him to give it up.

The dealers reputation is very important to them. They can hire the most famous person in all of Texas to advertise for them but that still won't carry as much weight as what actual customers tell say.
You are correct, I may have missed a few posts. If I'd live in Texas, I'd be filling a police report for fraud...this has a much greater affect and effect over a lawsuit. The detectives would love this action. Hmmmm... OP... local pct in the dealer's country? Fraud with this value is more than a misdemeanor.. scare him shitless!

See, if this putz of a dealer had more than one sale on eBay, maybe he would be afraid of negative feedback or account closing.. the truth is there are very few people who rely on buying cars over the internet. $$$ always wins in negotiations regardless of how scumbaggy the dealer is... I've dealt with dealers before that I wanted to invite to the back alleys for a little face mashing, but they provided better deals.
Old 08-09-2011, 11:29 AM
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Originally Posted by umakemekissu
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I don't understand how some ppl could be such ignorants and suggest OP to cut lose of the dealership. So you got fucked up in the ass and let they laugh at you and let them get away with it? and let them fuck up the next person after you and others to come?

I can't guarantee the OP will win but at least he's not being a pussy. At least he already win the experience of how to deal with this kind of situations; or damage the dealership's reputation so ppl would not bid on their eBay's post the next time. He's not only helping himself but others as well. If the dealership could get away this time with no damaged, there'll be a great chance they'd do it again.
It sucks you can't sue for emotional distress because it's clearly you have to deal with a lot of BS, being laughed at, etc.

OP got time and committed to solve his problem, the least we can do is support, not fking discouragement. $5k seems little to someone but in some places ppl die of hunger because they don't have $1/day to eat. I'd rather donate that $5k to save dying childrens than feeding these type of shady dealships.

Best of luck OP, keep us updated.
True, however, you have to realize that this thread was originally posted in Ramblings before it was moved to Car Talk... and Ramblings is a completely different beast. Once the move to Car Talk was made the tone of the topic changed and became more supportive and informational...
Old 08-09-2011, 11:30 AM
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Originally Posted by umakemekissu
It sucks you can't sue for emotional distress because it's clearly you have to deal with a lot of BS, being laughed at, etc.

Last edited by civicdrivr; 08-09-2011 at 11:35 AM.
Old 08-09-2011, 11:37 AM
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theres a time difference in alaska so yeah

basically at 7:18am this morning Ian called and left me a VM to call him back.
heading to a meeting and will call him back

but did anyone see their ratings go from 5 to 1?
also lots of people spam their facebook
Old 08-09-2011, 11:45 AM
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Philippe from top speed is going to post something up on top speed soon.
Also Matt from jalopnik will be calling me to get this story.
Old 08-09-2011, 11:49 AM
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http://carsxhype.com/2011/08/09/xoul...al-gone-south/

http://www.motorauthority.com/news/1...ay-motors-sale

Old 08-09-2011, 11:49 AM
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Originally Posted by juniorbean
True, however, you have to realize that this thread was originally posted in Ramblings before it was moved to Car Talk... and Ramblings is a completely different beast. Once the move to Car Talk was made the tone of the topic changed and became more supportive and informational...
thanks for pointing that out. that's probably why.
Old 08-09-2011, 11:51 AM
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Awesome!! Keep us updated!!
Old 08-09-2011, 11:53 AM
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Originally Posted by umakemekissu
thanks for pointing that out. that's probably why.
No problem
Old 08-09-2011, 11:54 AM
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55k car at 21?

i couldnt even get a fucking volkswagen
Old 08-09-2011, 11:57 AM
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Originally Posted by Moog-Type-S

Sounds like you really have nothing better to do?!?!?!?

:wink:
and obviously you don't either!
Old 08-09-2011, 12:00 PM
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Originally Posted by xoulu
theres a time difference in alaska so yeah

basically at 7:18am this morning Ian called and left me a VM to call him back.
heading to a meeting and will call him back

but did anyone see their ratings go from 5 to 1?
also lots of people spam their facebook
I wanna see the spams.. must be hilarious.. but I think they deleted them cuz I can't see any spam on their facebook.
Plus, don't be soft when talking to them, they are salemen, they know how to BS. Toughen it up and don't take anything less or any other BS offers. If they sound like they're scared, I would bluff them for more discount to pay for the distress you had to suffer. you have nothing to lose!
Old 08-09-2011, 12:04 PM
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Too bad this type of grass roots effort can't help fix our economy.
Old 08-09-2011, 12:04 PM
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I got news from BBB

Here is what they said

"On August 09, 2011, the business provided the following information:
Mr. Vang has engaged in slander against Honda of San Marcos and attempted to purposley and unlawfully disrupt the dealership's ability to operate. As a result of these documented offenses and on advice from counsel Honda San Marcos will not discuss this matter with the BBB."
Old 08-09-2011, 12:04 PM
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I wonder what a 36k mile GTR is like ... And whether or not this car has supercar-esque maintenance requirements.

Because even if it's used, $55k for that kind of performance is a steal.
Old 08-09-2011, 12:06 PM
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They probably don't care about their feedback. As of today when I checked the expired listing of that auction, they had 1 postive feedback in their name...they've only made one transaction. So if this one gets shut down..they don't lose much. They can easily start another one without any serious time/energy lost in terms of eBay feedback. Good luck to OP though...get that car and you better spam the forums with pics/videos of it.
Old 08-09-2011, 12:08 PM
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Originally Posted by xoulu
I got news from BBB

Here is what they said

"On August 09, 2011, the business provided the following information:
Mr. Vang has engaged in slander against Honda of San Marcos and attempted to purposley and unlawfully disrupt the dealership's ability to operate. As a result of these documented offenses and on advice from counsel Honda San Marcos will not discuss this matter with the BBB."
Silly HoSM ... It's libel, not slander. Either their counsel practices out of a van down by the river or they're full of shit. I'll bid on Showcase #2, Bob.

Libel is written. Slander is verbal.
Old 08-09-2011, 12:15 PM
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I am not going to call Ian back. I posted on the BBB

"I have not personally slander anyone or this dealership. If you have proof that I personally slander this business please let me see it. As far as the car go I still want my GT-R. I am not going to call and talk to Ian. He is a RUDE manager. I would like to speak to the owner as speaking to Ian will get no where."
Old 08-09-2011, 12:16 PM
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^ Should have not responded. Delete if plausible. Don't play by their rules.
Old 08-09-2011, 12:17 PM
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^dont think you should have posted that...
Old 08-09-2011, 12:22 PM
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^ Agreed. I wouldn't post anything else on the BBB (or any other public website) until you have an attorney.
Old 08-09-2011, 12:22 PM
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its fine I don't want to deal with Ian. If they want to work something out then I want RANDY the owner to call me as I left two messages for him to call me back.
Old 08-09-2011, 12:24 PM
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Originally Posted by xoulu
its fine I don't want to deal with Ian. If they want to work something out then I want RANDY the owner to call me as I left two messages for him to call me back.
"If you have proof that I personally slander this business please let me see it." This is where you age shows... Delete that response if you can... It's their issues with BBB..stay out of it. BBB will run their investigation...
Old 08-09-2011, 12:25 PM
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Im waiting on a attorney to call back once he calls back I will stop posting
Old 08-09-2011, 12:25 PM
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That may sound to the BBB that you are unwilling to cooperate?? maybe not.

And even a news article or web article is still IMO not slandering. Its letting the truth out and well that sometimes makes people unhappy.

Been keeping up with this and must say you have devoted a lot of effort in the last 2 days.

Good luck to you OP.
Old 08-09-2011, 12:25 PM
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I would still delete it ASAP.

If you feel you must reply, I'd simply say something like "I have not done anything wrong, however, on the advice of my counsel I will leave it at that for now and allow the BBB to conduct their investigation".

Something like that. Posting what you did does not look good for you. By posting that Ian is RUDE and you will not get anywhere speaking with him... you are basically committing libel right on the BBB's website underneath a comment accusing you of slander
Old 08-09-2011, 12:28 PM
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Oh and OP, make sure you save any and all correspondences between you and them. Note the times of any calls and save any voicemails, etc.
Old 08-09-2011, 12:29 PM
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OP, by posting that on the BBB site, you're basically agreeing to what the dealer said.


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