Dodge dealer backs out of sale

[alowerlevel]

Guy bought a 09 SRT8 Challenger on ebay and the dealer wont honor the final bid price http://www.challengertalk.com/forums/f5/new-2009-srt8-challenger-sells-29-1k-34598/

[WS6]

a Hyundai did the same thing to someone with a genesis coupe. Each state may be different but from what I understand, the dealership can do that if they want to. Ebay won't let them participate anymore but state laws can't stop them. Pretty messed up I think

[jy211]

an ebay sale isn't a legal biding contract on either side.

[wiedemab]

an ebay sale isn't a legal biding contract on either side.

I didn't realize that. If you are physically at an auction and bid it is binding - correct??????

Just curious

[jy211]

I forget the exact specific's, but I remember a buyer and seller with this same exact thing happening. I am trying to find the story and I'll post a link....


EDIT: Statement was incorrect

[Tony_SS]

I thought it was a legal binding contract?

[parsonsj]

eBay says it is legally binding, but the courts get the final say I'd guess. I'd love to see the news story.

jp

[67rstbkt]

All you can do is report them to ebay. I had that happen with a set of seats and I just did not accept the seller's retraction. Even though I never paid for the product or received anything, I got to leave them negative feedback.

Edit: I just read the whole story, crazy. I'm still not sure he's going to get the car, but who knows. It might be worth it.

[jy211]

Here's the beginning of the story: http://forums.viperclub.org/sneaky-petes-place/625497-lamborghini-lawsuit-ebay-2.html

trying to find the resolution:

http://awfulmarketing.com/index.php/2009/04/27/dealer-makes-mistake-in-ebay-auction-of-lamborghini-and-screws-florida-customer/

Looks like if they sell the car before the get served paperwork they get out of deal..just like the bait and switch that runs every Saturday morning in the news papers that dealers advertise in..

[monteboy84]

While I sympathize with his plight, it was an erroneous listing, so long as he's out no money I'd tell him to drop it.

If he'd accidentally offered $49.1k, I doubt he'd be so adamant about it being a legal binding contract. Though, this is not to say it's good publicity for the dealer, I think they'd be better off to just eat the loss and wallow in the good publicity of "doing the right thing" by honoring the sale.

[jy211]

http://pages.ebay.com/help/policies/user-agreement.html?_trksid=m40

[wellis77]

If he'd accidentally offered $49.1k, I doubt he'd be so adamant about it being a legal binding contract.

I'm sure you are correct. However, IF he accidentally offered $49.1k, you can beat the dealer would be making a stink with him. It just wouldn't get the publicity and he'd be another dead-beat buyer.

[alowerlevel]

x2, if he had accidentally bid alot more than the car was worth you can be damn sure the dealer would be saying it is a legally binding contract and that he owes them the money. Not to mention it says right at the bottom of their Ebay listing

Disclaimer: This auction is a legally binding contract to buy this vehicle

[jy211]

what they say or enforced are two totally different things...Car dealers do the bait and switch ALL THE TIME.
If a deal sounds to good to be true, it usually is...

[jy211]

http://pages.ebay.com/help/policies/user-agreement.html?_trksid=m40


For certain categories, particularly Motors and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.

That is from ebay's own user agreement....

[-The Stig-]

That dealership is like.. 3 miles from my house. Haha...

[Jim Nilsen]

It never hurts to call the Secretay of States office and ask them what the law is in your state. It cost you nothing and they will have the same legal advice a lawyer will charge you for.
If the states laws support you and you have your receipts the Secratary of States office will send an officer with you to collect your vehicle because that is what they are paid to do.
They don't take vehicle sales fraud lightly in most states.

[southernfriedcj]

The guy got the car at 29.1k plus TT&T.

http://www.challengertalk.com/forums/491662-post1.html

[rrunner68]

That is amazing. Lucky dude.

[Tom 72RS/SS]

Score one for the customer - congrats!

[wellis77]

That's awesome! I was wondering and haven't had a chance to check the thread yet.

[monteboy84]

That's pretty cool.

[BrianJ]

OK fill me in since i'm not up on the Challenger stuff...whats the big issue here? I'm assuming he won the bid at 29k and the car stickers for alot more ??? Or was this some special option Challenger other than it being a SRT8?

[67rstbkt]

OK fill me in since i'm not up on the Challenger stuff...whats the big issue here? I'm assuming he won the bid at 29k and the car stickers for alot more ??? Or was this some special option Challenger other than it being a SRT8?

Yes, he won the bid at 29K and the sticker was much, much more.

[BrianJ]

Gotcha, this would easily be a $40k car.

[wellis77]

Closer to 46k / 48k...