I doubt that BMW have an ebay account. You are going to land up suing the salesman in his private capacity. This has nothing to do with BMW imo.

The salesman was probably going to buy the car off the dealership at $60K and pocket the difference. You are unlikely to get this car for $60k whether you sue the ebay account holder or not.

I wish I could get an M3 in that spec for $60k, Americans arguing over paying £30k for an M3 makes me feel sick! I have an order down for an E90 with DCT at £55k ($110k).