vb.org Archive - Guy Wins Ebay Auction, and Dealership Backs Out

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Guy Wins Ebay Auction, and Dealership Backs Out

-Taken from NBMWSsix on my forum:

Any of you guys following this?

Ebay thread.

Original thread.

Quote:

Mark Mitsubishi in Scottsdale AZ makes me ashamed to be a "Mark".

I was the legimate winner of an ebay auction last night (http://cgi.ebay.com/ebaymotors/ws/eB...tem=2438028950) for a Evo. I've been in the market for a STi or an Evo. Each has their strengths and weaknesses. A primary attraction for this car was the final $26200 e-bay price for an untitiled car.

Josh Jones at Mark Mitsubishi in Scottsdale AZ emailed me after the auction had ended and informed me that the car had been sold to an autobroker for a greater amount. The auction did not end early and was not cancelled.

----- Original Message -----
From: Mark Mitsubishi
To: XXXXXXXXXXXXXXXX
Sent: Thursday, October 23, 2003 9:30 PM
Subject: 2003 evo

I have to appologize that evo was bid by an auto broker for
32987.00. I do have other evos in stock. Again I appoligize

Thank You
Johs Jones

I consider this very unethical behavior.

Mark Mitsubishi in Scottsdale AZ apparently was awarded Mitsubishi's Diamond Chapter of Excellence. If Mitsubishi awards this dealer Diamond status, I do not know if I could ever recommend a Mitsubishi product to anyone.

I called Mark Mitsubishi late Friday afternoon because Mark Mitsubishi never contacted me via any method, despite several e-mails on my part requesting same.

I spoke with Josh Jones, the internet sales manager. Mr. Jones was fairly professional in demeanor giving the circumstances.

He informed me that he would not sell the e-bay car to me at the auction price because it was worth far more than that. He said the car was already sold to another buyer. He said he was a "business man" and got a better offer so he took it. I informed him that he was in violation of e-bay rules. He told ME to read the fine print which allowed his actions. I told him he was under certain contractual obligations when he places an item on e-bay and he did not comply with them. He also said he was very busy and did not get a chance to cancel the auction after receiving this alleged better offer. He informed me the car was "gone" or "sold" and asked what I wanted him to do.

Mr. Jones said he was not going to sell me the car because I threaten him and then mentioned a letter of complaint I had send to Mitsubishi Motors NA. I never threatened anyone at any time - I did however file formal complaints with the Better Business Bureau, e-bay.com, and Mitsubishi Motor NA. I forwarded copies of same to Mr. Jones.

I told him I thought I should be the legitimate winner. He told me to give him negative feedback on e-bay.

I asked if he was refusing to take my deposit on the e-bay car. He said he was refusing the deposit.

The call ended.

I called the dealership the evening of the auction aproximately 1 hour or less before the auction closed. The salesman who I talked to did not mention the red e-bay car with leather and DVD was sold.

I'm not sure but my brother is probably ashamed to be "Scott" for fear on having some connection to Mark Mitsubishi in SCOTTsdale AZ.

Just venting. Thanks.

Mark D

Ouch. He's entitle to that car.... ;)

Talk about a lot of exposure for that guy. Truly putting "there's no such thing as bad press" to the test.

Quote:

Originally Posted by Mist

Ouch. He's entitle to that car.... ;)

Agreed

It is one fine car though. :)

that guy got ++++ed over, he legally won the contract to buy the car

A bid is a contract. Not sure about a sale, although at a price like that it's possible his account is risking suspension.

Totally legal, i don't know what this idiot is moaning about, did you read the dealers TOS in the description?

Quote:

We reserve the right to cancel all existing bids and end the auction early should the item no longer be available for sale.

Quote:

Originally Posted by NerdNations

Totally legal, i don't know what this idiot is moaning about, did you read the dealers TOS in the description?

no, he didnt end the auction before the apposed time, so that means he broke the tos

Quote:

Originally Posted by NerdNations

Totally legal, i don't know what this idiot is moaning about, did you read the dealers TOS in the description?

Quote:

We reserve the right to cancel all existing bids and end the auction early should the item no longer be available for sale.

That TOS would be good IF they didn't wait until after the bidding was over to cancel the bid. Actually they didn't cancel the bid they just said the car was already sold. You can't cancel a bid after the bidding is over unless you have a reserve and it isn't met.

Dark Shogun

He is entitled to that car, and should take legal action for breach of contract...

Satan

i was on simply computers website the other day and they mistakenly had a radeon 9800 pro for ?25 so i ordered one, got the order acknowledgement saying it was gonna be sent out and everything, then i get an email this morning saying

Quote:

Dear [Sir/Madam/Customer]

Re: 49291 Gigabyte Radeon 9800 pro Graphics Card

Thank you for your order dated 31/10/03

Simply Computers, [as one of the largest internet mail order specialists of its kind in the UK] lists between 8,000 and 10,000 products on its website. With such a diverse product range I am sure you can understand that it is possible that extremely rarely a product is either shown at an incorrect price or continues to be advertised after it has been withdrawn from sale by the manufacturer. Regrettably that was the case with the Gigabyte Radeon 9800 Pro Graphics Card that you ordered recently from us. In this case the product was inadvertently displayed at an incorrect price.

In order to protect the customer against these very rare errors Simply Computers has in place a sophisticated safeguard mechanism to ensure that no contract is fulfilled into between the customer and the company unless all the details have been filtered and thoroughly checked.

Shortly after your order was submitted the mistake was spotted and your order cancelled. I am pleased to confirm that this ensured that your credit card payment was not submitted and you have not been prejudiced in any way. The card in question is now advertised at the correct price and if you wish to placed a new order we will be happy to dispatch as soon as we have stock. I am sorry that you have been inconvenienced and I do hope this will not put you off purchasing goods from Simply Computers in the future. But I trust you will agree that that is an end to the matter.

Regards,
Chris Edridge
Operations Manager

Disclaimer

This e-mail is confidential and intended solely for the use of the
individual to whom it is addressed. Any views or opinions presented are
solely those of the author and do not represent those of Systemax Europe Ltd.
If you are not the intended recipient, be advised that you have received
this mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

Consumer customers visit http://www.simply.co.uk

Business customers visit http://www.misco.co.uk

now surely it's there mistake and they owe me the card?

IIRC Amazon had a similar mistake where they were accidently selling computer hardware for 1/8 of the original price:D

26,000$ for that.. no wonder the dealer pulled.. imagine his loss! still I smell lawsuit.

Quote:

Originally Posted by sabret00the

No they don't. Under common law, a shop can deny acceptance if they put an object on offer with the wrong price.

Ebay is different - that is an auction, and auction has it's own rules. The highest bidder wins at the end of the auction, so that guy in that auction is entitled to his car.

Since the car is gone the winner has few choices. He can sue for breach of contract because obviously the auto dealer didn't pull the advertisement prior to the auction ending. This may still never get him a car and he'll spend thousands on an attorney. The bidder can also shrug it up to experience and move on. At the very least he should file a complaint with the department of motor vehicles in his state. They handle fraudulent auto dealer advertising disputes, and they take these things very seriously. The BBB and similar organizations are a waste of time.

Quote:

Originally Posted by Erwin

Apparently he got his car :rolleyes:

Not all auctions are "absolute".

Even if the dealer reneged, what's the worst that can happen? His account gets suspended? Dealers are cheap, they had no intention of selling that car through ebay, the fee would be too high. It's free advertising.

Quote:

Originally Posted by Erwin

No they don't. Under common law, a shop can deny acceptance if they put an object on offer with the wrong price.

They do actually owe him that card. He bought it for the marked price whether incorrect or not.

It is not the customers fault that a company marks something wrong, they are legally obliged to sell it at that marked price. If they refuse to do so, you can take it to the Office of Fair Trading.

Regards,
Chris

nice one, thanks chris, i think i'm gonan give that a go :) :w00t:

It is true - I ordered a game about 2 months ago, which was marked at £3.99 ... I recieved the game, along with a letter, which said that they mistakenly priced the game, and that the price should have been £39.99 - They only charged me £3.99, and they said that I was entitled to the game at the mistaken price...

Satan

He got the car in the end. :)

It's not surprising considering how much exposure this got. It's been on almost every message board I visit, in the national newspaper and everything :)

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