2009 SRT8 Challenger Sells for $29.1K on Ebay-Dealer tries to back out

[N2Advnture]

http://www.challengertalk.com/forums...s-29-1k-34598/

Original Ebay listing:

http://cgi.ebay.com/ebaymotors/ws/eB...m=390166094286

See our other listings
Disclaimer: This auction is a legally binding contract to buy this vehicle. All vehicles are sold as-is unless otherwise specified. I have done my best to accurately describe this vehicle. It is up to the buyer to come see and further inspect the car before the end of the auction.

What side are you on?

[aich75013]

I think they should have to sell it for that price.
That's part of the risk of selling on Ebay.
Seller's fault for not having a reserve price.

[mosesbotbol]

I read about that on another forum. What was the outcome? Auto dealers are real slimes when they pull this crap. I hope their business suffers and they are forced to sell at that price.

[ucla695]

Originally Posted by aich75013

I think they should have to sell it for that price.
That's part of the risk of selling on Ebay.
Seller's fault for not having a reserve price.

[elderboy02]

Originally Posted by aich75013

I think they should have to sell it for that price.
That's part of the risk of selling on Ebay.
Seller's fault for not having a reserve price.

[N2Advnture]

Originally Posted by mosesbotbol

I read about that on another forum. What was the outcome? Auto dealers are real slimes when they pull this crap. I hope their business suffers and they are forced to sell at that price.

He's still pursuing it.

[Eleven]

I am with the buyer. This auction ended on my anniversary, I just wish I had seen this sucker, my wife would have had a very different Friday night!

[shilala]

I hope the dealer honors it. It's an auction. Sometimes you get the bear, sometimes it gets you.
I'd hope there wouldn't be any weaseling by the seller, but there is. My guess is that one of his consigns placed the auction. They're new to ebay, and screwed up by not placing a reserve.
I'm not sure an honest mistake makes it fair for the dealer to take a $20,000+ hit.
If some knucklehead placed the auction for the dealer and made a simple mistake that he's liable to lose his job over, I couldn't in good conscience take the car. Definately not worth it.
I suppose that'll all flesh out.

[skullnrose]

Looks like this was the dealers first ebay listing. They should have taken the time to learn about listing with a reserve price. Ebay should make them honor the sale. I'm sure the dealer will claim it sold on site before the ebay listing closed. Keep us posted on how this ends.

[cbsmokin]

If I'm a stupid bidder and put in the wrong amount and confirm it, I'm stuck with the car. Why shouldn't the opposite be true? It's not a simple one step process to list a car on ebay, you have several chances to correct your listing before posting it and even after posting it (with some limitations).

If I were the buyer I'd take them to court. I'd end up with the car and my attorney fees paid.

Heck if the seller was smart he'd call the local news and fess up to the mistake, but HONOR the deal. He would get tons of advertising for being an "honest" car dealer.

Originally Posted by cbsmokin

Heck if the seller was smart he'd call the local news and fess up to the mistake, but HONOR the deal. He would get tons of advertising for being an "honest" car dealer.

of course, 90 to 1 says it doesn't happen that way.

[n3uka]

Found this in another ebay auto sale gone wrong at:

http://www.m3post.com/forums/showthread.php?t=127993

Legally speaking, he is most likely entitled to purchase the car at $60k. The reason why I say "most likely" is that "mistake" is a legally valid contract defense. With that being said, the "mistake" cannot be subjective. Rather, it has to be clear to a reasonable person (i.e., the jury) standing in the offeree's shoes (i.e., the buyer) that the offeror's (i.e., the dealership) offer was clearly a mistake at the time the offer was made. The fact that a mistake was made is wholly irrelevant. The only thing that is relevant is whether it would've been clear to the buyer at the time the offer was made that the seller made a mistake. The law will not allow a buyer to capitalize on a deal that he or she clearly should have known was too good to be true.

I hope he gets the car. I am sure if he bid too much they would expect him to fulfill his end.

[replicant_argent]

if the dealership doesn't honor the deal, it will cost them far more than 20K and a bloody nose to their egos.

[PeteSB75]

You would hope that the dealer would honor the deal, though I'd be very surprised if the guy who listed the car without a reserve still has a job this week. If they back out on what should be a legally binding contract, I'd make sure that the results were fully publicized in all local news, and take their a$$es to court.

[wayner123]

I have personally been shafted twice on ebay for winning items "too low". It really sucks and ebay's position was that they can't make the person send me the item. Now mind you we are talking $200 vs $20,000 but still I bet the same pass the buck mentality applies.

I would LOVE to see this guy/gal get the car, but it's highly doubtful.

[mosesbotbol]

Originally Posted by shilala

I'm not sure an honest mistake makes it fair for the dealer to take a $20,000+ hit.
If some knucklehead placed the auction for the dealer and made a simple mistake that he's liable to lose his job over, I couldn't in good conscience take the car. Definately not worth it.
I suppose that'll all flesh out.

1. That was not a mistake. Offering an item at no reserve is conscious decision to get more action. You have to be deliberant to set an auction as no reserve and there are plenty of similar cars set with a reserve. An easy browse through EBay will would garner even a 1st timer enough info to list the auction correct.

2. Every auto dealership is quite versed in auctions as they buy and sell cars at auto auctions weekly. Auctions are an integral part of the auto business.

3. I could care less if someone loses their job over this. People get fired all the time and often over much less.

[AD720]

Unfortunately for the winning bidder the worst thing that will happen to the seller is they will get booted from eBay. As much as I love to see the little guy win I doubt that the dealership will follow though without a lawsuit. The question for the winning bidder is would a lawsuit be worth whatever the savings on the car would be.

[St. Lou Stu]

Originally Posted by AD720

Unfortunately for the winning bidder the worst thing that will happen to the seller is they will get booted from eBay. As much as I love to see the little guy win I doubt that the dealership will follow though without a lawsuit. The question for the winning bidder is would a lawsuit be worth whatever the savings on the car would be.

I would say yes.

That car is probably like $43k

[mosesbotbol]

We are looking to export a few these and I think a dealer can buy from Chrysler for in the mid 30's.

[s0leful0ne]

Like it was posted before there was a BMW M3 that went through a similar situation...

http://www.motortopia.com/blogs/view...s_man_gets_car

In short, guy wins car at a good price, dealer refuses to sell, guy goes public on a bmw forums. The story gets passed around to multiple sites. I think one guy even offered free legal representation for him. He got the car with some minor conditions (simple things to keep the dealer's reputation in tact).