Guy Wins Ebay Auction, and Dealership Backs Out

[Sue]

-Taken from NBMWSsix on my forum:

Any of you guys following this?

Ebay thread.

Original thread.

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

[Dean C]

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

[futureal]

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

[Dan]

Originally Posted by Mist

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

Agreed

[Chris Gwynne]

It is one fine car though.

[Zachery]

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

[filburt1]

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

[RDX1]

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

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

[Zachery]

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

[Dark Shogun]

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?

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