m3post.com forces dealer to honor E90 M3 $60k

Discussion in 'European Cars' started by matfitz, Mar 24, 2008.

  1. #1 matfitz, Mar 24, 2008
    Last edited by a moderator: Apr 25, 2016

    "This morning, BMW of Lincoln has agreed to sell me the car at a price of 60K, with certain conditions. I'll be going over the conditions with the dealership tommorow, and I hope to have everything finalized by tommorow afternoon.

    But one thing that I would like to make everyone aware of is, BMW of Lincoln is proactively working to correct the situation that they screwed up. And yes, they screwed up big time, no doubt about that.They are trying to do right, so please don't harass the dealership right now. No phone calls, threats, emails or fake sales calls.

    That said, I would just like to take a step back for a moment.
    The past few days have been insane. Just thinking about what has transpired, leaves you speechless really. How did this thing go from a M3post.com rant to what it became today? In 3 days, the site amassed
    650+ comments and 200,000 page views, with people posting from all around the world, lending their support and help. Thats people I dont even know! Amazing stuff, and probably the coolest thing I have ever
    been part of, leveraging the internet in a way that I have never seen before. People I have never met, making calls on my behalf, contacting automotive sites, supplying information, just doing anything and everything possible to help out."

    Original post

    "I’ve been looking to get an E90 M3 sedan, and was cruising ebay when I came upon this auction. Its for a Jerez Black sedan with FR interior, loaded with everything except extended leather.
    The car advertises its title in CAPS “LOWEST PRICE ON EBAY”. The auction started at 60,000 and had a BUY IT NOW for 66926 K. NO RESERVE.


    Jerez black on Fox red was not my first choice (I have a deposit for AW/Silver interior with DCT at a local dealer) but I was willing to live with it at a 60K price point, so I bid on it with the intention to pay if I won.
    I wasn’t sure if I would win or not, but I went ahead and secured financing prior to the auction end so I could arrange immediate payment.
    I ended up winning the auction with a bid of 60K (my max was 61K).

    15 minutes after auction end, this guy Michael Barett (At BMW of Nebraska) calls and nervously tells me the auction was a “mistake”.
    I reminded him of his contractual obligation to complete the transaction, to which he continues to reply “it was a mistake”, and refused to honor the deal.
    He then offered to call his manager and confirm what they could do, but same response. When I pressed the issue and raised the possibility of legal action, this guy had the nerve to condescendingly laugh and say we are a multi-billion dollar company, ebay will definitely side with us.
    I corrected Michael, and told him your company may have revenue in the millions, but you make 35K a year, screwed the pooch on this one so lets not get carried away.
    But to make a long story short, he is refusing to honor the deal.

    This morning (Mar 21, 2008) I left a message with the GM (Fil Catania - He didn’t pick up) to call me, so we will see what happens.

    But this whole incident just stinks, and sets a bad example for ebay auto sales in general.
    Can sellers, especially dealers (which you would think are held to a higher standard on ebay) just decide they don’t want to honor a price? I know not all dealers are like this, but its pretty unethical, on both sides to back out of an auto auction because you dont like th eprice.

    Im convinced this dealer went into this auction intentionally setting a low price, with no reserve.
    The title, 08 M3 LOWEST PRICE ON EBAY says it all and me thinks they were hoping to generate bids, which didn’t pan out.
    Also, the pricepoint at which they started the auction, 60K is no small amount.....its not as if the auction started at 0.01 and ended there, it started at 60K.
    Obviously, they set it to attract serious buyers with the money to complete the transaction.

    In this case, this dealer wasn’t happy with the ending price, a 7K difference from his BUY IT NOW (which he adjusted twice, so I assume they watched this auction). Had the auction ended at 64K, would they have still refused?
    But I know had the auction ended at 90K, and I refused to pay, Im sure their lawyers would be all over me.
    Not sure what Im going to do, but part of me feels I should pursue this on principle alone. But at the same time, I dont want to get too worked up, as these things might drag out, take time/money and make it a negative experience overall. I want to be happy getting a new M3 like some of the others on the board, ya know?

    Anyone ever experience anything like this on ebay?
    Please feel free to chime in."
  2. its good to see that he finally got his car.
  3. yesterday that s-box wigger, now this, the interwebs is awesome <A BORDER="0" HREF="http://www.supercars.net/PitLane?displayFAQ=y"><IMG BORDER="0" SRC="pitlane/emoticons/grin.gif"></A>

    +1 to the internet
  5. I don't get why the dealer was so intent on backing out of the deal because m3 invoice price is still several grand less than that selling price. Even if the dealer were to lose a couple grand on this individual car, they still make money from mark ups on other cars, people willing to pay retail, hugely inflated service costs, etc.
  6. #6 lucky strike, Mar 26, 2008
    Last edited by a moderator: Apr 25, 2016
    Ken Tanisaka's battle to get his M3 sedan from BMW of Lincoln, Nebraska is not over, despite encouraging words posted by Ken himself on Monday. While the embattled eBay winner had reported that he would be sold the brand new M3 sedan for his winning bid of $60,000, there were "special conditions" that had yet to be discussed. Having spoken with the dealership now, as well as retained his own attorney who specializes in internet law, Ken has revealed what the conditions are.

    First, the dealership asked that the car could not be sold for a number of years. How that has anything to do with the dealership, other than them not wanting Ken to profit from their mistake, is beyond us. Ken's lawyer got this condition removed, thankfully. The second condition is that Ken would be asked to help defuse the internet firestorm that began after he posted on M3post.com about this situation. Ken did just that when he posted on Monday that things were moving in a positive direction, prompting us to remark that we can call off the hounds now. Apparently the hounds need to be unleashed again until this dealership gets it.

    Ryan Mathis, the sales manager for Husker Auto Group of which BMW of Lincoln is a part, was recently quoted in an article about the situation saying, "These bloggers out there, they have lots of time on their hands to do this." Ken shoots back in his latest post, "Did it ever occur to the dealership that they created a situation that compelled complete strangers to MAKE time?" Clearly there are many people out there who identify with getting screwed by a dealership, hence the outpouring of support and demands for internet justice, but until BMW of Lincoln sells the M3 sedan to Ken with NO strings attached, this isn't going to end. Seriously, BMW of North America, can we get a little help here?

  7. Haha , this dealer and its group owner are helpless .

    Bravo on insulting bloggers. I guess he still lives in 1994..
  8. #8 amenasce, Mar 26, 2008
    Last edited by a moderator: Apr 25, 2016
  9. #9 lucky strike, Mar 26, 2008
    Last edited by a moderator: Apr 25, 2016
  10. Typical BMW salesman <A BORDER="0" HREF="http://www.supercars.net/PitLane?displayFAQ=y"><IMG BORDER="0" SRC="pitlane/emoticons/smile.gif"></A>
  11. Just updated not too long ago on autoblog

    UPDATE: BMW North America notified of eBay winner's plight

    We apologize for yet another update on the saga of Ken Tanisaka and his efforts to wrench a fairly won BMW M3 sedan from the iron grip of BMW of Lincoln, Nebraska, but this story just keeps rolling on providing new and interesting twists by the hour.

    Ken came this close to receiving the Bimmer today after his lawyer negotiated away the conditions that were demanded by the dealership. The first was that he not sell the car for two years, and the second was that he somehow "control the press" and end the onslaught of communiques sent to the dealership by phone, fax, email and flaming bags of pooh. (We're kidding on that last one. No one send flaming bags of pooh to BMW of Lincoln. Seriously.) After the lawyers wrangled for a bit, Ken was instructed to call BMW of Lincoln today and arrange his deposit over the phone by a certain time, but according to our distressed interlocutor, was instead lectured by the General Manager, one Fil Cataniam, for failing to stop the press from contacting the dealership. He refused to take Ken's credit card info over the phone, in effect reneging on the resolution that had previously been reached by the lawyers.

    Ken's lawyer has now drafted a letter to BMW of North America (check it out after the jump) informing the big brand of what's been going on and simply asking for help. It must be noted that BMW NA likely does not have any jurisdiction here, as dealers usually operate on a very long leash from the mothership. Still, what has become a PR nightmare for this particular dealership could easily leave a bad taste in the mouth of many potential BMW customers. Perhaps it would behoove BMW proper to get this guy his M3 sedan prompto and slap the wrists of these knuckleheads in Lincoln, Nebraska.

    Adding yet another facet to this gem of a story is news from Ken that other BMW dealers have contacted him offering great deals on an M3! Man, there must not be much brotherhood among BMW dealers. Ken states that rather than getting a different M3 and letting this dealership off the hook, he'd like to see BMW of Lincoln live up to its obligation.
  12. Seriously wishing Ken the best on this and setting an example for others that will deal with similiar dealerships in the future and those that did in the past. Finally a case we can all refer to.
  13. I'd rather have E30, E46 and E36 over it.
  14. That dealer is really stupid . Didnt he think that the moment Ken would roll out in his M3 , there would be pic all over the net and people would see that they stood by their word ??
  15. I'm just glad the guys too stubborn to give up
  17. I can understand E46 but the other ones FTL compared to the new one
  18. What? E30s are sweet, brah
  19. What a bunch of douchebags.

    Ryan Mathis likes the cock.

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