eBay deal gone bad. Link and story inside.

[AGampher]

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

The Story. (http://forums.nasioc.com/forums/showthread.php?threadid=442510&perpage=25&pagenumber=1)

Figured this would be considered a "vendor discussion" for everyone in the Scottsdale, AZ area.

SSS should start calling/emailing people. :D

[GunSlinger21]

You = won a evo 8 legite

They = owe you a brand new evo 8 with all that stuff

I think you see where I am going they need to supply it even if they lose money. Honestly I am pretty sure nobody is that busy to cancel a auction worth that much and could end up being this much trouble in the end.

[sixshot666]

found this:
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.

i totally agree with GunSlinger21.buy placing a bid you agree to a contract(also the seller).so they broke the contract.i say go and
talk to a lawyer.

[stool]

As I read it, the auction was never cancelled, but completed with the seller backing out. Take every legal means necessary.

[Pinnacle2k4]

this thing is all over the internet.

Legal action should be taken. I mean this is not some kid selling a $20 card and then backs out. We are talking about a car dealership here.

[Silversinksam]

Originally posted by stool
As I read it, the auction was never cancelled, but completed with the seller backing out. Take every legal means necessary.

Stool is dead on the money, it doesn't matter if he sold the car for a higher price elsewhere, what does matter is he didn't cancel the bids and cancel the auction prior to selling the car to a third party. You are legally correct and you could take him to court and you would win. I am relectant to get involved in Ebay transactions due to the last case I was working on the member got intimidated by legal threats and refused to listen to my advise. I spend at least 5 hours working on this case and my time was wasted.

Anyway, it sounds like you have already done what you need to do, The BBA, Misubishi corporate was contacted. If you really want the car take him to court and you will most likely win.

A lawyer may cost you a Grand and most likely you wont even have to go to court, once filed the dealer will most likely settle as he has no legal basis to argue. Make sure you save the Ebay auction page to disk as they disappear 4 weeks later, sometimes quicker, especially with high bandwidth car photos.


I can help advise you but I cant, or wont get too involved due to past problems with members here and Ebay.

[GunSlinger21]

Did anybody else read that 26 page thread? I did and it took me forever

[GunSlinger21]

OMG ITS AT 60 pages

[BigSmokey]

I HIGHLY recomend you file a complaint with the Consumer Fraud department of your State's Atty General. It would definently not be worth your time to sue this company because you really have no damages. The government on the other hand is set up to handle this and even if Rip-U-bishi are cleared of any wrong doing, its no fun to have a state prosecutor looking for a way to rip at exposed flesh.

You probably wont get anything out of the deal, but at least they will think twice before they screw some random schmoe on Ebay and it will only take a few minutes of your time. You can call them or find them online and they will mail you a complain form. Keep all documents and emails from the car swindlers.

[Silversinksam]

Originally posted by BigSmokey
I HIGHLY recomend you file a complaint with the Consumer Fraud department of your State's Atty General. It would definently not be worth your time to sue this company because you really have no damages. The government on the other hand is set up to handle this and even if Rip-U-bishi are cleared of any wrong doing, its no fun to have a state prosecutor looking for a way to rip at exposed flesh.

You probably wont get anything out of the deal, but at least they will think twice before they screw some random schmoe on Ebay and it will only take a few minutes of your time. You can call them or find them online and they will mail you a complain form. Keep all documents and emails from the car swindlers.


Thats good advise but even despite the seller's Terms and conditions he listed, he is legally obligated to sell to that high bidder as by Ebay terms that sale was a legally binding contract, the Ebay terms of use supersede the sellers terms and conditions. Problem is had he canceled the bids and ended the auction prior to the end of the auction he couldn't be sued. but he didn't and is obligated to fulfill his legal obligations

[9mmCensor]

If you go to court for something like that and win you should get your legal fees covered. Talk to a lawer.

[BigSmokey]

Im a computer programmer not a lawyer, but I remember from my law class that "forced compliance" is an option in some states. If you sued him, you might just end up being able to buy the car at that price, ect. IMO, you dont gain anything by suing. Of course, this car cant be purchased since he no longer has it, so I dont know what happens. Might be worth your time to talk to a lawyer, but I think this is probably a case of tough luck.

And, to point out his fine print:
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 !!!

I dont know ebay policy but if this is the quote he is refering to when he said "read the fine print", you cant "cancel" an auction after its closed. Just like you can cancel an order after its been filled, you cant cancel a date after you already kissed her goodnight and sent her upstairs. The period of cancelability expired and at this point becomes an execution or termination of contract. He terminated the contract, unfortunatly, there is no provision for damages due to early termination, thereby making any claim you hace to damages (money) pretty weak.

This being said...turn em over to the fraud division...somewhere there is a nerdy government lawyer that creams himself when this stuff happens.

[Silversinksam]

Originally posted by BigSmokey
Im a computer programmer not a lawyer, but I remember from my law class that "forced compliance" is an option in some states. If you sued him, you might just end up being able to buy the car at that price, ect. IMO, you dont gain anything by suing. Of course, this car cant be purchased since he no longer has it, so I dont know what happens. Might be worth your time to talk to a lawyer, but I think this is probably a case of tough luck.

And, to point out his fine print:


I dont know ebay policy but if this is the quote he is refering to when he said "read the fine print", you cant "cancel" an auction after its closed. Just like you can cancel an order after its been filled, you cant cancel a date after you already kissed her goodnight and sent her upstairs. The period of cancelability expired and at this point becomes an execution or termination of contract. He terminated the contract, unfortunatly, there is no provision for damages due to early termination, thereby making any claim you hace to damages (money) pretty weak.

This being said...turn em over to the fraud division...somewhere there is a nerdy government lawyer that creams himself when this stuff happens.


The way it works on Ebay is you have to cancel the bids and end the auction. If the auction ends you are obligated to deliver the item for the amount bid unless there is a reserve.

Per 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.

[AGampher]

I didn't buy the car, I just supplied the link. Sorry for the confusion. I just figured it was interesting and thought everyone in the AZ area should avoid this dealership. :D

[MuEagle05]

Take it to court baby. Kick a**. I'm a regular e-bay user and I HATE people who pull crap like that

[GunSlinger21]

He got the car

[BigSmokey]

Car dealers, telemarketers, and insurance companies...what can you say.

[twump]

http://www1.ifccfbi.gov/index.asp


this link may be of some help
it is the FBI internet fraud division. they take complaints on exactly this kind of problem. i've used it to get a couple video cards i ordered on ebay that the shipper wouldn't ship.


they will take your complaint, then contact the seller for reasos as to why he isn't following through with his end of the deal. from what i can see it looks like you are completely correct in wanting the car you won. they will probably see it the same way.


either way getting contacted by the FBI may wake them up and possibly make them more willing to work with you.

[Angelslayer]

new feedback (http://cgi2.ebay.com/ebaymotors/aw-cgi/eBayISAPI.dll?ViewFeedback&userid=marks_auto)


Looks like he can have the car after all...

[BigSmokey]

Sounds to me like "phantom" buyer backed out of the deal.

[DarkSide8416]

original thread=biggest. thread. ever.

[wildfrogman]

wow, that really stinks.....about the car deal gone bad. Atleast one of the threads has nearly 1 million views hehe. Having him get run out of business or atleast taking a large hit in the "good reputation" area ~pocket book is important. MANY people now know this car dealer is scum.

[Silversinksam]

Originally posted by wildfrogman
wow, that really stinks.....atleast one of the threads has nearly 1 million views hehe. Having him get run out of business or atleast taking a large hit in the "good reputation" area where MANY people know what this scum is really like.

I have to agree, that is incredible. It's at 930,097 views at present :eek:

[Hamspiced]

lol, the e-bay auction heard 'Round the world.....

[krm197]

Hm, if you check the feedback for the seller, it says


" Complaint : MarkMitsubishi makes me ashamed to be a Mark-BackedOut of Deal for Phantom Buyer
Response by marks_auto - mgmt will honor high bid .. trying to contact bidder for pmt and shipping


So maybe it's going to get settled? or is this a bit outdated.

[Miknow]

I cant even see if hes gonna get the car because of so man posts

[JoT]

Originally posted by GunSlinger21
OMG ITS AT 60 pages

142 now :eek: :eek: :eek:

977943 views

[wildfrogman]

Heading towards 1million....should just have everybody email the guy~the business the guy works for etc saying how we do not approve of his actions etc. Can you imagine them coming into work on monday and having a few hundred THOUSAND emails? lol

[powerme]

i had couple BAD deals in the past at EBAY. I paid for my purchases and these buyers didn't deliver the goods to me even though they told me that they sent me already.

I did a few things

1-wrote bad review about these sellers. I used words such as LIAR

2-filed a complain with B.B.B

3-emailed these sellers that i'll get the goods if i have to turn Ebay UP side down to get my money back. I also told them that i'll contact FBI about these frauds

4-filed a complain with Ebay and told them that B.B.B will contact them to resolve this problem. In this complaint, i told Ebay that they receive 5% commission from people like me. It is their job to protect me, buyers, NOT seller.

The bottom line was I had no mercy to these sellers and Ebay people

what happened??? good thing happened.

these **ckers sent me goods BUT i told EBAY that i was not interested any more since they lied . I made EBAY to force these buyers to REFUND me back.

these buyers did give me a refund within 3 hours. Ebay was scared of me.

the best part was one of these buyers sent me the product for FREE

i have what i want for FREE and get ALL my refund back.

ebay kept contacting every 1 hour to make sure that i receive my refund.

ebay threated these buyers that if i didn't receive my refund, they are out of EBAY 1 way or another.

You see what happened when i am pi**ed :)

[Starfoxer]

cliff notes?

[JoT]

Dang it Starfoxer, answer my PMs! :p

[/thread jack]

[Hamspiced]

if anyone wants to know how this ended....

Mark mitsubishi... after tons of bad raps, horrid calls and tons of ridicule offered the same EVO to the guy. well a different EVO but with the exact same everything for the price he won the auction...

The guy declined.....

[twump]

um i'm pretty sure we all knew how it ended since when this got posted the ordeal was already over. not to mention this thread is 6 months old. and he didn't decline the car. read through the story. he went and picked up the car.

[Hamspiced]

Yea, i new it was old... but i hadnt posted since then, i saw it when i ran a username search to check my old posts...

still funny none the less...

[Talon101]

dang, its at 145 (mod closed the thread)... it's taken me 40 mins to read just 8 pages.... sheesh I'm going to have to take the week off to read the whole story.