Skip to comments.Man wins new Challenger on eBay, but the dealer backs out
Posted on 03/18/2010 6:32:27 AM PDT by KKing
A gentleman who goes by the screen name "Hitman" placed the winning bid on a 2009 Dodge Challenger SRT8. Hitman won the eBay auction fair and square with a bid of $29,100 on a vehicle that is sticker priced at around $46,000.
The dealership, Glenn E Thomas Dodge Chrysler Jeep in Signal Hill, California claims that their employee made a mistake when listing the vehicle and forgot to set a reserve price.
(Excerpt) Read more at examiner.com ...
I think this could end up bad for the dealership
Sue the bastards!
The dealership will lose far more in customer sales if it doesn’t settle this properly. The man won the car fair and square - let him have it, swallow the loss and learn your lesson.
If it finds a judge like the ones in our 9th circuit, this will favor the defendant.....who was a victim of ‘unjustified enrichment.’
Blow by blow on the Challengertalk link at the bottom of the article.
I’m siding with Hitman... dealer should pony up the car.
They could have stopped the auction siting a mistake and relisted. Instead they let it end. Too bad.
If this dealer can’t keep its word on a sale like this, how can any customer trust them to keep their word on warranties, etc?
You put a car up for auction on ebay, it’s up there for at least a week or so, and you don’t notice that you ‘forgot’ to set a reserve? ...and you’re a car dealer in the business of selling cars where you live and die by your margins? ...nah, doesn’t pass the smell test, not even from a thousand miles upwind. My BS-O-METER just redlined real hard on this one.
Too late for the dealership. The jig is already up since the story made it this far. This could have been (and could still be) an awesome opportunity for the dealership to make some real money by using this for marketing purposes. It sounds like the owner is a real dumbass.
Just tell obummer to pick up the rest of the tab. Everyone has a right to a car!
“The dealership, Glenn E Thomas Dodge Chrysler Jeep in Signal Hill, California claims that their employee made a mistake when listing the vehicle and forgot to set a reserve price.”
No problem, though. They could just “deem” it not to have been bought.
A unilateral mistake doesn’t void a contract.
“Pony” up is right. Hitman should tell them to keep the Challenger and demand a FORD MUSTANG. Why would anyone want a Chryslerbama?
That's what I don't understand... why didn't they just end it and fix the mistake?
Forgetting to add a reserve could be a mistake, not fixing the mistake is incompetent. They should honor the contract.
He is most likely the employee that didn't set up the sale on ebay correctly. HA!
As for this car, so what if they forgot to mention the car had a reserve, it is not the bidders fault. He won the bid fair and square.
If this dealer cant keep its word on a sale like this, how can any customer trust them to keep their word on warranties, etc?
It really shoud not be a problem. You can trust them, they say so in their ads.
EBAY needs to support the winner of this auction(HITMAN).
This is the essence of EBAY. Too bad for the dealership. Fire the employee who made the mistake. This is no different than an absolute real estate auction where the bank representative does not show up.
FYI, there was an Absolute auction in Lowell, MA for the WANG Towers back in 1992. The bank rep. did not show up for the auction. The three buildings sold for about $600k.
The buldings cost $7 million to build , were valued at over $5 million and the mortgage was $3 million. Needless to say the bank rep. was fired.
I do not know much about e-bay but the whole thing probably comes down to the seller/buyer agreed conditions of posting and bidding on e-bay. I bet this whole thing is covered in the rules. Probably have an E&O statement.
Nonetheless, I would vote for the guy to get the car.
I’m a Craigslist fan.
The dealership would be better off to simply say “we erred, here’s your car per the terms of the auction” and take any loss out of the pay of the dipstick who screwed up.
How many days was it posted? And they NEVER noticed the "slip up"? Yeah OK.
I suspect this will come down to arbitration. This will be interesting to see how it turns out. Offhand, it seems like a binding contract and the terms will need to be enforced but I suspect something will be worked out. Mistakes do happen from time to time. Regardless the dealer has a lot of egg on its face.
I think the courts might have an issue with that.
Sounds like a stunt to me.
Okay, then fire him.
I believe that too. Also the starting bid was $10,000. That would signal to bidders that the car could be won with a low bid. I really think that they expected higher bids and are trying to back out. Nobody forgot to add a reserve amount. The dealership is just trying to weasel out of it.
As others have said, the dealership should have canceled it if there was an error in the listing. There’s a provision for that exact problem. A deal’s a deal.
It was a 7 day auction. The 5th to the 12th. The dealership is lying through their teeth.
People think an advertised price is like some kind of iron clad contract. Sure, there are some elements in business law that the offeree gains when the offeror offers a certain price, but legally I think it’s pretty easy to withdraw the offer.
In this case, well if something looks too good to be true, it probably is. I have no doubt someone (who now used to work there) made a mistake. Times are tough. If the dealer thinks he can get out of it cheaper than by honoring it, then so be it.
Why would they intentionally not set a reserve? What do you think happened, the seller got remorseful about the deal he offered when he realized no one was bidding anything close to what he needed to get to cover his costs? I don’t get it.
Uh, oh. The dealer is going to get negative feedback.
You can trust them, they say so in their ads.
And besides, its Zero owned! Zero approved!
Nobody walks when the Zero talks....
Dealer loses. It’s not like an ad typo that any reasonable person would recognize as an error.
Completed eBay auctions ARE legal, binding contracts. If you make an error and don't fix it, too bad.
The market decided what the car was really worth. The dealer didn’t like the market’s appraisal.
Yeah, $20,000 worth of BAD publicity
Ebay makes it clear that this is a legal contract, there’s no “oops” if you made a mistake and left it for 7 days and then try to back out when you don’t get enough money.
"The DJ has locked himself in the studio and is playing whatever he wants!!! The Program Director is banging on the door telling him to play the playlist, but he won't do it."
I wonder how aggressively the government comes sniffing for the taxable income between the difference. If they don't then auctions can be used as a low tax method to transfer wealth.
Especially when a Ford Shelby GT500 will kick a Challengers butt all day long.
Pony up is right. Hitman should tell them to keep the Challenger and demand a FORD MUSTANG. Camaro SS Why would anyone want a Chryslerbama?
Sweet ride. But also owned by Obama. Sorry. I would have seriously considered buying one before Government Motors happened.
Good thing it wasn’t for a toy Yoda.
Yep - a local Chevy dealer had a radio station doing a "Win the keys to a new Corvette" contest. Naturally, all the winner got was a set of keys. Guess what the dealer and radio station ended up buying?
And then there was the more recent "Toy Yoda" case...
The auction winner may be subject to Capital Gains taxes on the difference.
Mustang rules, Camarobama drools.
We’re not in disagreement on that point. I mean that the owner is a real dumbass for not exploiting the media attention he has received. The owner could spin this publicity and make a ton of money if he hadn’t bitched about it.