Won ebay auction, Honda of San Marcos refusing to honor ** PICKED UP PG. 16 **
08-09-2011, 03:26 PM
#284
Moderator
1 - Take someone with you to pick it up;
2 - Immediately drive the car to the nearest Nissan dealership (assuming it's not owned by the same people) and have the service department check it out. Tampering could be an issue.
Last edited by ttribe; 08-09-2011 at 03:28 PM.
08-09-2011, 03:27 PM
#285
Three Wheelin'
If the OP doesn't get the car and gets sued in return for his web comments, I'll laugh in his face instead of Randy. I was really rooting for the OP, as he have a very strong case, until he started posting his smart comments on here and the other sites.
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justnspace (08-09-2011)
08-09-2011, 03:34 PM
#290
I still think he has a case. He may get countersued... but he still has a strong case for the auction. They would be two different issues.
I even think he may be safe in a countersuit. If he personally did not post anything and all he posted were links to factual information (example, posted his story on several sites, then posted links to them), then he actually never said anything wrong. Now, I haven't searched the internet but if he personally said anything or encouraged others to "spam" the dealership via FB or other means... then he may have something to contend with...
I even think he may be safe in a countersuit. If he personally did not post anything and all he posted were links to factual information (example, posted his story on several sites, then posted links to them), then he actually never said anything wrong. Now, I haven't searched the internet but if he personally said anything or encouraged others to "spam" the dealership via FB or other means... then he may have something to contend with...
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justnspace (08-09-2011)
08-09-2011, 03:35 PM
#291
Moderator
- OP acted with malice;
- OP lied and knew it was a lie;
- OP published lies to third-parties;
- Dealership suffered damages.
There are couple in there which, on the surface, look easy for the dealership; but I think they'd have a hard time with the "lie" and "damages" allegations. Internet harassment of a business is one thing (and not all that uncommon), but slander/libel, that's a much more difficult hurdle to overcome.
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justnspace (08-09-2011)
08-09-2011, 03:37 PM
#293
In any libel/slander claim, the dealership would have to show the following regarding the OP and his actions:
- OP acted with malice;
- OP lied and knew it was a lie;
- OP published lies to third-parties;
- Dealership suffered damages.
There are couple in there which, on the surface, look easy for the dealership; but I think they'd have a hard time with the "lie" and "damages" allegations. Internet harassment of a business is one thing (and not all that uncommon), but slander/libel, that's a much more difficult hurdle to overcome.
- OP acted with malice;
- OP lied and knew it was a lie;
- OP published lies to third-parties;
- Dealership suffered damages.
There are couple in there which, on the surface, look easy for the dealership; but I think they'd have a hard time with the "lie" and "damages" allegations. Internet harassment of a business is one thing (and not all that uncommon), but slander/libel, that's a much more difficult hurdle to overcome.
08-09-2011, 03:38 PM
#296
I still think he has a case. He may get countersued... but he still has a strong case for the auction. They would be two different issues.
I even think he may be safe in a countersuit. If he personally did not post anything and all he posted were links to factual information (example, posted his story on several sites, then posted links to them), then he actually never said anything wrong. Now, I haven't searched the internet but if he personally said anything or encouraged others to "spam" the dealership via FB or other means... then he may have something to contend with...
I even think he may be safe in a countersuit. If he personally did not post anything and all he posted were links to factual information (example, posted his story on several sites, then posted links to them), then he actually never said anything wrong. Now, I haven't searched the internet but if he personally said anything or encouraged others to "spam" the dealership via FB or other means... then he may have something to contend with...
I agree.
08-09-2011, 03:58 PM
#297
get this shit into CNN and other national news and we shall see Honda cor starts to get involved and start their own investigations....
but it aint easy to get those news stations to publish this kind of shit either LOL
but it aint easy to get those news stations to publish this kind of shit either LOL
08-09-2011, 04:02 PM
#298
I drive a Subata.
iTrader: (1)
cool thread.
keep us posted.
keep us posted.
08-09-2011, 04:24 PM
#302
Turd Polisher
iTrader: (1)
This is getting a lot of publicity!
08-09-2011, 04:25 PM
#303
Drifting
OP, I'm not sure you really want the car or the publicity from all of this... which is it?
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
08-09-2011, 04:27 PM
#305
Whats up with RDX owners?
iTrader: (9)
Honda Corp. couldnt give a rats ass about how their dealers operate.
08-09-2011, 04:29 PM
#306
OP, I'm not sure you really want the car or the publicity from all of this... which is it?
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
08-09-2011, 04:32 PM
#307
Fahrvergnügen'd
OP, I'm not sure you really want the car or the publicity from all of this... which is it?
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
08-09-2011, 04:33 PM
#308
OP, I'm not sure you really want the car or the publicity from all of this... which is it?
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
I think its time you take this a little more seriously; that dealership you're dealing with has a Slander suit on their hands. Quit spreading the word about where its posted, and shut up. You're only causing more trouble for yourself. Forget the car, you're not going to get it. All you're going to get is an e-mail from the dealership's lawyer if you keep it up.
08-09-2011, 04:37 PM
#310
Suzuka Master
Also, calling him stupid, an idiot, or anything of the sort is unwarranted. Obviously his posts are written in a somewhat incoherent manner, but he is 21. Like it or not, that seems to be the norm with a lot of today's younger generation. I would love to know what he does for a living and his living situation. If he has a legitimate job and lives on his own, and still has the funds to actually purchase a $55k vehicle, then all the power to him. He is doing something right.
As far as the ability to sue for libel or slander, I don't think he has gone overboard himself with saying or writing anything overboard. He posted on public forums which has spread like wildfire. However, IMHO (not legally speaking, just my opinion), I think it is ridiculous that a business can sue over negative comments, spoken or written. Run your business ethically and properly, and TAKE CARE of your clients and potential clients and not only will you not have to deal with such issues, but it will actually help you GROW your business.
The ONLY issue I have with all this is the OP and a few others saying he has to go after them because they are laughing at him and what not. Who cares. IF that is seriously a problem for you then you do have to grow up. Dealing with an unethical business simply because you don't want them to "get one over on you" or laugh at you, is insane. Whatever happens, good luck.
08-09-2011, 04:50 PM
#312
Moderator
I'd say read the last few pages... especially this page. If he hasn't said anything slanderous himself (which I have not seen anything posted or linked that he has), he is fine. He can post links to the information as many times as he wants... as long as his story is the truth, he's fine. Spreading the word for more publicity does not equal slander (or libel if it's written).
08-09-2011, 04:50 PM
#313
אני עומד עם ישראל
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08-09-2011, 04:53 PM
#314
Drifting
I'd say read the last few pages... especially this page. If he hasn't said anything slanderous himself (which I have not seen anything posted or linked that he has), he is fine. He can post links to the information as many times as he wants... as long as his story is the truth, he's fine. Spreading the word for more publicity does not equal slander (or libel if it's written).
Good luck with whatever comes your way.
08-09-2011, 05:00 PM
#316
This actually made it on Autoblog:
http://www.autoblog.com/2011/08/09/a...y-motors-sale/
and on Motor Authority:
http://www.motorauthority.com/news/1...ening-lawsuits
http://www.autoblog.com/2011/08/09/a...y-motors-sale/
and on Motor Authority:
http://www.motorauthority.com/news/1...ening-lawsuits
08-09-2011, 05:06 PM
#317
chronic lurker...
GL to the OP if all he says is true (which I have no reason to believe otherwise)
You would think after the broadening of the Internets dealers and people who list things on EBAY would be sure to read everything and not make as many mistakes.
08-09-2011, 05:15 PM
#318
This actually made it on Autoblog:
http://www.autoblog.com/2011/08/09/a...y-motors-sale/
and on Motor Authority:
http://www.motorauthority.com/news/1...ening-lawsuits
http://www.autoblog.com/2011/08/09/a...y-motors-sale/
and on Motor Authority:
http://www.motorauthority.com/news/1...ening-lawsuits
Both links posted a while ago...
08-09-2011, 05:25 PM
#319
This actually made it on Autoblog:
http://www.autoblog.com/2011/08/09/a...y-motors-sale/
and on Motor Authority:
http://www.motorauthority.com/news/1...ening-lawsuits
http://www.autoblog.com/2011/08/09/a...y-motors-sale/
and on Motor Authority:
http://www.motorauthority.com/news/1...ening-lawsuits
come on Matt LOL!
08-09-2011, 05:28 PM
#320
Trolling Canuckistan
Motorauthority has updated their story....
http://www.motorauthority.com/news/1...ening-lawsuits
http://www.motorauthority.com/news/1...ening-lawsuits
UPDATE:
Early this morning we received a call from Honda of San Marcos' Pre-Owned manager Ian Jones. We tried to get the dealership's side of the story, but Jones wasn't having it, instead launching accusations of slander against MotorAuthority and me personally--despite the fact that it would be libel, if anything, since it's a written communication--for our having brought Xao Vang's story to public attention. As you may know, I am also a lawyer, and I can assure you, there's nothing libelous going on here. Our independent legal counsel has confirmed the same. The dealership has made similar accusations of slander against Vang, as you'll see below.
Despite the threats and hostile tone from the dealership, we're moving forward with our coverage.
The behavior of Honda of San Marcos, as evidenced in part by Jones' phone call, makes it pretty clear they know they screwed up. Why they didn't just eat the $3,900 bullet--a mere 7 percent of the purchase price--to keep a customer happy and its reputation clean, we have no idea.
Early this morning we received a call from Honda of San Marcos' Pre-Owned manager Ian Jones. We tried to get the dealership's side of the story, but Jones wasn't having it, instead launching accusations of slander against MotorAuthority and me personally--despite the fact that it would be libel, if anything, since it's a written communication--for our having brought Xao Vang's story to public attention. As you may know, I am also a lawyer, and I can assure you, there's nothing libelous going on here. Our independent legal counsel has confirmed the same. The dealership has made similar accusations of slander against Vang, as you'll see below.
Despite the threats and hostile tone from the dealership, we're moving forward with our coverage.
The behavior of Honda of San Marcos, as evidenced in part by Jones' phone call, makes it pretty clear they know they screwed up. Why they didn't just eat the $3,900 bullet--a mere 7 percent of the purchase price--to keep a customer happy and its reputation clean, we have no idea.