I can just hear the song now....
"I'm proud to be an American, that's why I bought a Hundai..." :shrug:
Guy screwed out of Evo on e-Bay
- Thread starter Tabres
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I can just hear the song now....
"I'm proud to be an American, that's why I bought a Hundai..." :shrug:
That may change if he/she had made transport arrangements that could not be cancelled, however....
na he hasnt a chance, wtf is with people thinking theres going to be instant justice over an internet transaction. that people actually get the right thread lug nuts off of ebay still amazes me. Farg that, go buy the car yourself in person or broker someone who knows how.
Hell, its hard enough to make sure they arent hiding anything in your financing while your IN the office at some dealerships with a signed buyers order- who knows what a dealer may do with only someone on the internet "buying" something from them. From what i can see, the dood never did "buy" the car. The person in the seat with his registration currently in the glove box did.
I think it should say (ANYTIME before the actual transaction occures)...
ANYTIME... To me that sounds like the guy could have taken the car home, then the dealership could have called him back and said "No take your money back, we found someone who's going to pay more for the car!"
Simply saying ANYTIME is way too vague to bind to anything.
(Not complaining to you SVTfan, just to the situation in general)
I still dont see, though, how you can cancel the auction after the auction is over... You can cancel the transaction maybe, but since the auction technically does not exsist anymore its impossible to cancel...
Thats like me loading windows on my computer, and then after the program is fully loaded and installed, I try to cancel the installation. If the installation is complete, how can I cancel it? I can go back and uninstall windows, yes... but I cant cancel the installation process if its already done and overwith.
Unfortunatly, though, thats the way things work I guess, and theres nothing I can say or do to change it. :shrug:
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exactly, now if he was buying a FORD and this happened.............:mj: :mj: :mj: :mj: :mj: RALLY UP THE TROOPS, but not for a mitsushitsi
That's exactly my point. You can't cancel an auction that's over. Supposedly, the dealership has admitted that they 'screwed up' and let the auction end.
It's really easy people. If you have a set price you want to sell something at, put a friggin reserve on it. I know nothing is going to happen to the dealership from this, in the end it wouldn't even be worth it. It's funny how everyone is so worked up over it though. Just think if people would rally like that for an actual worthy cause.
Once again it comes down to the "contract" that was formed. And the dealer says they have the right to cancel the auction at any time. Any time in the courts eyes would include anytime before the auction ended or anytime after the auction ended. A contract is made of three basic parts, an offer, an acceptance and a term. The dealers "Any Time" clause cancels the contract in relation to the term.
Yes the dealer screwed up from an ethical and business standpoint.
The dealers on Ebay dont like setting reserves, because a no reserve auction gets them more bidders and usually brings the price up fast and high. But in cases like this the dealer just weasels out with contract language. Ebay should handle them.
The UCC (Unifiorm Commercial Code) would apply to this scenario, regardless of it being an online auction, it's still subject to federal law. The auction ended with a winner. The seller has a legally binding obligation to the winning bidder. Federal law supercedes any "policy" of the "seller"...
The Uniform Commercial Code is a tool drafted by each state in determining whether personal property has been pledged or is encumbered for the purposes of a Civil Trial. It holds no criminal attachments.
It is not at all subject to Federal Law, it is subject to the appropriate jurisdiction as determine by the contract, which in this case Ebay list's the location of competent jurisdiction for their auctions.
Additionally, there has been no loss involved even if was determined that there was a breech of contract, thus no damages.
It is not at all subject to Federal Law, it is subject to the appropriate jurisdiction as determine by the contract, which in this case Ebay list's the location of competent jurisdiction for their auctions.
Additionally, there has been no loss involved even if was determined that there was a breech of contract, thus no damages.
All states have adopted the UCC, albeit there may be some subtle differences from state to state. The bidder could sue for breech of contract. I doubt that happens, as you stated there were no actual losses, and the cost of attorney would defeat the purpose of getting an Evo @ that price. I bet the dealer still tries to settle this matter, to avoid anymore bad press.
I understand what your saying... but what were trying to say is that the auction does not exsist to cancel. After the auction is over, that means it doesnt exsist anymore, thus you cannot cancel something that does not exsist, its theoretically impossible to retro-cancel an event thats already occured.
Im not disagreeing, the dealership has the right to cancel the auction, thats not the point im trying to make. My point is, or should I say, my question is how can you cancel something thats overwith?
Thats like saying Tony George (the owner of the Indianapolis Motor Speedway) has the right to cancel the Indianapolis 500 (which he does) but this scenario would be like him trying to cancel the Indianapolis 500 that took place in May of 2003... Its impossible, the race has been over with for over 5 months now. Thats what Cobrahopeful and I are trying to get across.
The Auction ended, a certain individual won, the auction is over, it cant be cancelled at that point because it does not exsist to be cancelled.
Like I said, they could back out of there contract after the auction is overwith, and not give the guy the car, which is what has happened, but that puts the dealership at fault, and that doesnt mean the auction has been cancelled. It just means the auction has ran its course, but the deal itself is off, which has nothing to do with cancelling the auction itself at that point.
hey hey hey , not all dealers suck. i have been doing this same gig for over 15 yrs. 8 with this one. anywho, it can be a very rewarding carrer with ethics and honesty,etc. dealers who do that type of practice are the bottom feeders and so on. when i did this gig and the money started rolling in the only way to keep it is to pleasure your customer base and be there for them. yes all dealers screw up from time to time but the ones in for the long haul take care of there customers;-)
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