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Discussion Starter #1
This guy won the auction fare and square, and after the auction ended they contacted him and refused to sell the car to him.

http://forums.nasioc.com/forums/showthread.php?s=&threadid=442510

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2438028950

Come on guys, pass this around!

If anyone is interested:

Mark Mitsubishi Scottsdale
1000 N. Scottsdale Road
Scottsdale, AZ 85257
888-445-2190

Sales
Monday-Friday: 8:00 AM - 9:00 PM
Saturday: 8:00 AM - 8:00 PM
Sunday: 10:00 AM - 6:00 PM
 

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Discussion Starter #3
Fenrir51 said:
They really have to sell it if you win the bid? I thought they could back out of it or something.
Nope, it's not stated anywhere in the sellers page. HE backed out because it sold way less than MSRP, so he said he "already sold it"

It's breach of contract. If you sell something and fail to send it out to the shipper, or re-nig on it your backing out on a contract. Same goes for buying, if you decide you don't want it AFTER you already won the sale, then it's still backing out. Unless otherwise noted, there was NO RESERVE on the sale, therefore the seller cannot back out becuase he didn't sell it for what it's worth.
 

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Can't he sue the dealership for breach of contract?
 

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they don't have to sell anything to you that they don't want to.

Period.

There is no contract that the item must be sold.

JH
 

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When you post something for sale on Ebay, and someone bids on it, both parties are entering into a legally binding contract, and backing out of an auction after it has ended, is a breach of that contract. It is in the user agreement and terms of use for Ebay.

5.2 Binding Bids. Except for items listed in a category under the Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.


another piece:

It is not permitted for a seller on eBay to refuse payment or delivery of an item at the end of a successful sale.

If you have sent payment and have been unable to receive your item or a refund, please refer to the eBay Buyer Protection Program for information on how to proceed. On this page you will also find instructions that will allow you to report the seller.

If a seller has refused to complete a sale and payment has not been sent or payment has been refunded, report the seller . Make sure to include a copy of the email documenting the seller's refusal to complete the sale with the full message text and complete email headers when making your report.

After receiving your report, eBay will consider the circumstances of the alleged offense. Disciplinary action may result in a formal warning, a temporary suspension, or an indefinite suspension. If a complaint cannot be proven with certainty, it is possible that no action will be taken. Due to privacy issues, eBay will be unable to discuss the result of the investigation.
 

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JustinH said:
they don't have to sell anything to you that they don't want to.

Period.

There is no contract that the item must be sold.
:bs:
It is a legal binding contract, period. Unless explicitly outline on the auction, if the item delivered is not as advertised (or in this case, non-existant), the buyer can seek legal action.

We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure. We reserve the right to cancel bids from those with excessive negative feedback. We shall not be held liable for any such cancellation and/or closure. Thanks for bidding and Good Luck !!!

That's almost as effective as "we are not responsible for stolen items in your car" at parking garages. :rolleyes: Just because you write it down on a page (or pole) doesn't mean it'll hold up in court and further more, the auction was over, after it closes with reserve met, guess what, it's binding for both parties unless the obligations cannot be met (payment) then there's a breach.
 

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Fubarian said:
[BThat's almost as effective as "we are not responsible for stolen items in your car" at parking garages.[/B]
Or "if you delete this in 24 hours..." ;)
 

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Or better yet "stay back 100 feet,not responsible for damage" thats an outright lie.

They will investigate the seller and probably suspend or boot them off Ebay. Sellers like that are what make it suck. I would track that Vin# and find out where my car was going if I bid on it....
 

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SC_Steve said:
bwaaaahahahahahaha
Even funnier is the "If you are a member of a law enforcement agency you must leave now" but giving everyone the username/password to the ftp site or the trigger for the dccbot without descriminating. If it's public, it's public in a court of law and anyone can access it.
 

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Tv's in the headrests and front dash... and custom leather... wonder if it was a show car considering it only had 200 miles.

Anyway, i sent an email to several Arizona TV stations.
 

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ShadowDragon said:
Or "if you delete this in 24 hours..." ;)
JohnNaas said:
Or better yet "stay back 100 feet,not responsible for damage" thats an outright lie.
ShadowDragon said:
"If you are a member of a law enforcement agency you must leave now
Bingo. You cannot wave illegal activity just because you said so and made people read it.
 

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Well, that guy has gotten tons of support, and recently (mostly from the 31st) ppl who have called the Dealership to harrass the guy have been told that a Lawyer was involved, etc etc.

One guy even called up saying he was from CNN for an interview. LOL.

All I can say is... I really hope the guy gets his car.

If the seller would have cancelled it before the end of the auction, that would have been one thing... but even Ebay's page proclaims Mark to be the winning bidder.

Enough ppl have bugged corporate to where it's been 'escalated'... and from my short time as a UPS rep, I knew that if something was 'escalated', it meant that heads were gonna frickin' roll.
 

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Pedal Faster
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LOL, not a lot of auctions get 30,000 hits... anyone know why this place refused to sell?
 

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sticker is somewhere around $39,000

it is a custom demo vehicle

mark's bid was like $24,000.. they refused to sell cuz of the $15,000 markup it seems...

i just hope this guy don't lose out cuz people are callin this Josh guy and harassing him..
 
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