BMW dealer auctions new M3 for $60K on eBay, doesn't want to honor the deal

Bartek Sikorski

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Apparently all is not kosher in corn country. BMW of Lincoln, Nebraska posted an auction on eBay for a brand new M3 Sedan for $60,000. Perhaps they were hoping for the kind of eBay madness that would push the price to six figures (something other dealers are doing right on the show flor). If that's what they were after, well, they didn't get it. The car was won by a gentleman in California for the listed price: $60,000.

The problem is that the dealer doesn't want to give him the car. Not long after the auction ended, the winning bidder got a call from BMW of Nebraska telling him the auction was "a mistake," and that he couldn't have the car. In spite of the fact that the dealership changed the Buy It Now price twice -- and so was paying attention to the auction -- and eBay rules that make it clear that if someone wins the auction then you must complete the transaction, the buyer is still trying to get someone to give him the car he won at the winning bid price.
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Quote:

This was originally being updated in another thread but I wanted to get some additional opinions so I am posting this here. Sorry if its the wrong section.

I’ve been looking to get an E90 M3 sedan, and was cruising ebay when I came upon this auction. Its for a Jerez Black sedan with FR interior, loaded with everything except extended leather.
The car advertises its title in CAPS “LOWEST PRICE ON EBAY”. The auction started at 60,000 and had a BUY IT NOW for 66926 K. NO RESERVE.

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Jerez black on Fox red was not my first choice (I have a deposit for AW/Silver interior with DCT at a local dealer) but I was willing to live with it at a 60K price point, so I bid on it with the intention to pay if I won.
I wasn’t sure if I would win or not, but I went ahead and secured financing prior to the auction end so I could arrange immediate payment.
I ended up winning the auction with a bid of 60K (my max was 61K).

15 minutes after auction end, this guy Michael Barett (At BMW of Nebraska) calls and nervously tells me the auction was a “mistake”.
I reminded him of his contractual obligation to complete the transaction, to which he continues to reply “it was a mistake”, and refused to honor the deal.
He then offered to call his manager and confirm what they could do, but same response. When I pressed the issue and raised the possibility of legal action, this guy had the nerve to condescendingly laugh and say we are a multi-billion dollar company, ebay will definitely side with us.
I corrected Michael, and told him your company may have revenue in the millions, but you make 35K a year, screwed the pooch on this one so lets not get carried away.
But to make a long story short, he is refusing to honor the deal.

This morning (Mar 21, 2008) I left a message with the GM (Fil Catania - He didn’t pick up) to call me, so we will see what happens.

But this whole incident just stinks, and sets a bad example for ebay auto sales in general.
Can sellers, especially dealers (which you would think are held to a higher standard on ebay) just decide they don’t want to honor a price? I know not all dealers are like this, but its pretty unethical, on both sides to back out of an auto auction because you dont like th eprice.

Im convinced this dealer went into this auction intentionally setting a low price, with no reserve.
The title, 08 M3 LOWEST PRICE ON EBAY says it all and me thinks they were hoping to generate bids, which didn’t pan out.
Also, the pricepoint at which they started the auction, 60K is no small amount.....its not as if the auction started at 0.01 and ended there, it started at 60K.
Obviously, they set it to attract serious buyers with the money to complete the transaction.

In this case, this dealer wasn’t happy with the ending price, a 7K difference from his BUY IT NOW (which he adjusted twice, so I assume they watched this auction). Had the auction ended at 64K, would they have still refused?
But I know had the auction ended at 90K, and I refused to pay, Im sure their lawyers would be all over me.
Not sure what Im going to do, but part of me feels I should pursue this on principle alone. But at the same time, I dont want to get too worked up, as these things might drag out, take time/money and make it a negative experience overall. I want to be happy getting a new M3 like some of the others on the board, ya know?

Anyone ever experience anything like this on ebay?
Please feel free to chime in.

The Artist

punks, give the man his car

Centurion

Typical behavior of a greedy American dealer. New long awaited performance car hits the streets, every boy on the street wants one, and sales guys are sleep deprived staying up all night thinking about how much they are going to make. How do you maximize the price? By putting up on eBay in the hope that buyers will be bidding waaaay over MRSP. Clearly the plan back fired and the dealer turned into an ass. I seriously hope that he press charges. That M3 is smoking hot, no wonder he wants to tap that. It stinks that the dealer didn't want to honor the sale.

Bruce

Complications or not, he should sue the dealer. Can't let 'em get away with that shit.

Tarek

Now that is annoying to read before goin to bed,that must be the best combo i've seen on a BMW

Matt

They owe him the car.

pretty simple.

Tycoon

Internet FTW! BMW buyer getting M3 thanks to pressure from web

We're betting M3post.com forum member, dooma350, had no idea that his call for help with a shady transaction on eBay Motors would become what it did. After winning a new BMW M3 Sedan on the online auction site from BMW of Lincoln, Nebraska, the dealership refused to sell the car despite there being no reserve price, claiming the auction was a "mistake". dooma350's single post for help on a forum led to an internet-based outcry on his behalf, with lawyers offering free advice, other websites ( - ONLY REGISTERED AND ACTIVATED USERS CAN SEE ALL LINKS - CLICK HERE TO REGISTER) promoting his cause, local news organizations getting in touch, etc. BMW of Lincoln's contact information was posted in countless places, and it no doubt received an overwhelming number of opinions about its actions from those who connected with dooma350's plight, and who had probably gone through similar experiences with dealerships before.

Well, we can call off the hounds. dooma350, whose real name is Ken, has posted again on M3post.com informing his volunteer army of minions that he and BMW of Lincoln have come to a resolution, and that the dealership will sell him the M3 Sedan for $60,000, though with certain conditions. Ken will be traveling to the dealership tomorrow to go over the details and find out what those conditions are, but we bet this particular dealership will think twice about slighting him again. One thing Ken notes in his most recent post, however, is that for the sake of this purchase going through, everyone needs to back off the dealership now. He asks, "No phone calls, threats, emails or fake sales calls." OK, Ken. Just promise to send us a pic of you smiling in the driver's seat when this is all over with.

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Alx

Excellent!!! He should now repost it on EBAY and sell it for more.... LOL

ACE

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).

Tarek

^Well that's the case in almost rest of the world,the car prices in the US is ridiculoulsy cheaper than rest of the world.Where i live a locally made C200K is more expensive than a C63 cost in the US