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Man wins new Challenger on eBay, but the dealer backs out
examiner.com ^ | March 16 | Stephen Emery

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 ...


TOPICS: Business/Economy; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: cardealer; contracts; ebay
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1 posted on 03/18/2010 6:32:27 AM PDT by KKing
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To: KKing

I think this could end up bad for the dealership


2 posted on 03/18/2010 6:34:01 AM PDT by marvlus
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To: KKing

Sue the bastards!


3 posted on 03/18/2010 6:34:57 AM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines, RVN '69 - St. Michael the Archangel, defend us in battle!)
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To: marvlus

aND EBAY


4 posted on 03/18/2010 6:35:18 AM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated)
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To: KKing

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.


5 posted on 03/18/2010 6:35:45 AM PDT by reagan_fanatic (American exceptionalism - for liberals, it's like garlic to a vampire)
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To: ConorMacNessa

If it finds a judge like the ones in our 9th circuit, this will favor the defendant.....who was a victim of ‘unjustified enrichment.’


6 posted on 03/18/2010 6:37:13 AM PDT by Loud Mime (Liberalism is a Socialist Disease)
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To: marvlus

Blow by blow on the Challengertalk link at the bottom of the article.

I’m siding with Hitman... dealer should pony up the car.


7 posted on 03/18/2010 6:37:20 AM PDT by KKing
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To: KKing

They could have stopped the auction siting a mistake and relisted. Instead they let it end. Too bad.


8 posted on 03/18/2010 6:37:29 AM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: KKing

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?


9 posted on 03/18/2010 6:38:46 AM PDT by mnehring
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To: KKing

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.


10 posted on 03/18/2010 6:38:48 AM PDT by AussieJoe
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To: reagan_fanatic

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.


11 posted on 03/18/2010 6:39:32 AM PDT by lefty-lie-spy (Stay metal. For the Horde \m/("_")\m/ - via iPhone from Tokyo.)
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To: KKing

Just tell obummer to pick up the rest of the tab. Everyone has a right to a car!

/s


12 posted on 03/18/2010 6:39:47 AM PDT by US_MilitaryRules (Become a monthly donor or FR won't be here for you!)
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To: KKing

“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.”

How convenient.

No problem, though. They could just “deem” it not to have been bought.


13 posted on 03/18/2010 6:40:02 AM PDT by FLAMING DEATH (Are you better off than you were $4 trillion ago?)
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To: KKing

A unilateral mistake doesn’t void a contract.


14 posted on 03/18/2010 6:40:48 AM PDT by Mr. Lucky
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To: KKing

“Pony” up is right. Hitman should tell them to keep the Challenger and demand a FORD MUSTANG. Why would anyone want a Chryslerbama?


15 posted on 03/18/2010 6:44:26 AM PDT by duckworth (Perhaps instant karma's going to get you. Perhaps not.)
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To: DJ MacWoW
"They could have stopped the auction siting a mistake and relisted."

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.

jw

16 posted on 03/18/2010 6:45:43 AM PDT by JWinNC (www.anailinhisplace.net)
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To: lefty-lie-spy
It sounds like the owner is a real dumbass.

He is most likely the employee that didn't set up the sale on ebay correctly. HA!

17 posted on 03/18/2010 6:51:08 AM PDT by ican'tbelieveit (Join FreeRepublic's Folding@Home team (Team# 36120), KW:Folding)
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To: KKing
I don't buy or sell on Ebay, but at one time I did. I always thought that if there was a reserve price set then bidding should have to start at that price. That is the way it is done in real auctions. Items meant to sell at a minimum price are started at that price. Keeping the reserve hidden is BS, IMO.

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.

18 posted on 03/18/2010 6:51:12 AM PDT by calex59
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To: mnehring

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?

It really shoud not be a problem. You can trust them, they say so in their ads.


19 posted on 03/18/2010 6:51:40 AM PDT by super7man
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To: KKing

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.


20 posted on 03/18/2010 6:54:30 AM PDT by woodbutcher1963
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To: marvlus

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.


21 posted on 03/18/2010 6:55:48 AM PDT by super7man
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To: KKing

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.


22 posted on 03/18/2010 6:56:23 AM PDT by IYAS9YAS (The townhalls were going great until the oPods showed up.)
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To: DJ MacWoW
They could have stopped the auction siting a mistake and relisted. Instead they let it end. Too bad.

Bingo.

How many days was it posted? And they NEVER noticed the "slip up"? Yeah OK.

23 posted on 03/18/2010 6:56:55 AM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: KKing

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.


24 posted on 03/18/2010 6:57:20 AM PDT by RichardW
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To: IYAS9YAS
and take any loss out of the pay of the dipstick who screwed up.

I think the courts might have an issue with that.

25 posted on 03/18/2010 6:58:03 AM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: KKing
This dealership has gotten more than $20,000 worth of publicity on this.

Sounds like a stunt to me.

26 posted on 03/18/2010 6:59:26 AM PDT by TexasNative2000 (This seems like fairly decisive evidence that the dream can, in fact, die.)
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To: mountn man
I think the courts might have an issue with that.

Okay, then fire him.

27 posted on 03/18/2010 6:59:49 AM PDT by IYAS9YAS (The townhalls were going great until the oPods showed up.)
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To: JWinNC
They should honor the contract.

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.

28 posted on 03/18/2010 6:59:55 AM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: KKing

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.


29 posted on 03/18/2010 7:00:28 AM PDT by FourPeas (servantscenter.org -- Jesus' hands and feet on the streets serving those in need)
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To: mountn man

It was a 7 day auction. The 5th to the 12th. The dealership is lying through their teeth.


30 posted on 03/18/2010 7:01:02 AM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: lefty-lie-spy

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.


31 posted on 03/18/2010 7:03:56 AM PDT by ichabod1 (Question: Can around 25-30% moonbat base really steal the country from us and hold it?)
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To: DJ MacWoW

I agree.


32 posted on 03/18/2010 7:04:47 AM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: FLAMING DEATH

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.


33 posted on 03/18/2010 7:05:15 AM PDT by ichabod1 (Question: Can around 25-30% moonbat base really steal the country from us and hold it?)
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To: KKing

Uh, oh. The dealer is going to get negative feedback.


34 posted on 03/18/2010 7:07:20 AM PDT by Fresh Wind ("...a whip of political correctness strangles their voice"-Vaclav Klaus on GW skeptics)
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To: super7man

You can trust them, they say so in their ads.

And besides, its Zero owned! Zero approved!

Nobody walks when the Zero talks....


35 posted on 03/18/2010 7:08:15 AM PDT by Adder (Proudly ignoring Zero since 1-20-09! WTFU!)
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To: KKing

Dealer loses. It’s not like an ad typo that any reasonable person would recognize as an error.


36 posted on 03/18/2010 7:15:39 AM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: ichabod1
People think an advertised price is like some kind of iron clad contract.

Completed eBay auctions ARE legal, binding contracts. If you make an error and don't fix it, too bad.

37 posted on 03/18/2010 7:21:12 AM PDT by Sloth (Civil disobedience? I'm afraid only the uncivil kind is going to cut it this time.)
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To: KKing

The market decided what the car was really worth. The dealer didn’t like the market’s appraisal.


38 posted on 03/18/2010 7:22:37 AM PDT by Sir Gawain
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To: TexasNative2000

Yeah, $20,000 worth of BAD publicity


39 posted on 03/18/2010 7:22:43 AM PDT by Shimmer1 (When life hands you lemons, ask for tequila and salt)
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To: ichabod1

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.


40 posted on 03/18/2010 7:24:23 AM PDT by Shimmer1 (When life hands you lemons, ask for tequila and salt)
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To: Shimmer1
Reminds me of the radio stunts back in the day.

"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."

Yeah, right.

41 posted on 03/18/2010 7:29:18 AM PDT by TexasNative2000 (This seems like fairly decisive evidence that the dream can, in fact, die.)
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To: woodbutcher1963
The three buildings sold for about $600k. The buildings cost $7 million to build , were valued at over $5 million

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.

42 posted on 03/18/2010 7:33:59 AM PDT by Reeses (All is vanity)
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To: duckworth

Especially when a Ford Shelby GT500 will kick a Challengers butt all day long.


43 posted on 03/18/2010 7:42:31 AM PDT by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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To: duckworth
 

“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?


fixed it.
 
 


44 posted on 03/18/2010 7:48:14 AM PDT by Responsibility2nd
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To: Responsibility2nd

Sweet ride. But also owned by Obama. Sorry. I would have seriously considered buying one before Government Motors happened.


45 posted on 03/18/2010 7:49:22 AM PDT by rintense (Only dead fish go with the flow, which explains why Congress stinks.)
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To: KKing

Good thing it wasn’t for a toy Yoda.


46 posted on 03/18/2010 8:09:18 AM PDT by Erasmus (Lying fallow in preparation for planting season)
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To: TexasNative2000
Reminds me of the radio stunts back in the day.

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...

47 posted on 03/18/2010 8:22:40 AM PDT by Charles Martel ("Endeavor to persevere...")
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To: KKing

The auction winner may be subject to Capital Gains taxes on the difference.


48 posted on 03/18/2010 8:35:31 AM PDT by mikey_hates_everything
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To: Responsibility2nd

Mustang rules, Camarobama drools.


49 posted on 03/18/2010 9:00:56 AM PDT by duckworth (Perhaps instant karma's going to get you. Perhaps not.)
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To: ichabod1

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.


50 posted on 03/18/2010 9:25:04 AM PDT by lefty-lie-spy (Stay metal. For the Horde \m/("_")\m/ - via iPhone from Tokyo.)
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