BMW of Lincoln refuses to honor EBAY auction winner
03-24-08, 07:33 PM
#46
If the guy will test-drive a 335i, he may not want the M3 in the first place. He may come to the conclusion, like me, that the 335i, dollar-for-dollar, is a better buy. It gives almost M performance and handling for many thousands of dollars less. I recently reviewed one, brand-new, for 47K.
03-24-08, 08:16 PM
#48
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If the guy will test-drive a 335i, he may not want the M3 in the first place. He may come to the conclusion, like me, that the 335i, dollar-for-dollar, is a better buy. It gives almost M performance and handling for many thousands of dollars less. I recently reviewed one, brand-new, for 47K.
03-26-08, 05:04 PM
#49
Updates
http://www.autoblog.com/2008/03/26/n...om-bmw-dealer/
"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? Thanks for the tip, everyone!"
http://www.autoblog.com/2008/03/26/u...inners-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."
Here are some of the scums involved:
http://www.huskerbmw.com/index.cfm?action=staff
"Hello, my name is Fil Catania, General Manager of BMW of Lincoln. I am very unprofessional, as much as I am too cool, to wear a tie and/or properly button up my shirt like the rest of my shady underlings for my official photo. Moreover, despite how much I gouge my loyal customers, I still cannot allocate enough money to get a decent, fashionably current haircut."
Department: Vehicle Sales
Ryan Mathis: Vehicle Sales Manager
Department: Vehicle Sales
Who would ever buy a car from such scums??? LOL
http://www.autoblog.com/2008/03/26/n...om-bmw-dealer/
"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? Thanks for the tip, everyone!"
http://www.autoblog.com/2008/03/26/u...inners-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."
Here are some of the scums involved:
http://www.huskerbmw.com/index.cfm?action=staff
"Hello, my name is Fil Catania, General Manager of BMW of Lincoln. I am very unprofessional, as much as I am too cool, to wear a tie and/or properly button up my shirt like the rest of my shady underlings for my official photo. Moreover, despite how much I gouge my loyal customers, I still cannot allocate enough money to get a decent, fashionably current haircut."
Department: Vehicle Sales
Ryan Mathis: Vehicle Sales Manager
Department: Vehicle Sales
Who would ever buy a car from such scums??? LOL
Last edited by xknowonex; 03-26-08 at 05:28 PM.
03-26-08, 05:09 PM
#50
Lexus Test Driver
The plot thickens:
I represent Husker Auto Group. Much of the information that has been publicized and reported on to date is wholly without merit.
Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.
Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)
It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.
Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.
Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.
Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.
Michael B. Maledon, Esq.
Husker Auto Group erred in its eBay listing by not setting an appropriate reserve on the vehicle. General manager Fil Catania was contacted by Ken Tanisaka late last Friday informing him of the auction results. Mr. Catania asked Mr. Tanisaka to have the weekend to gather the facts and promised to get back to Mr. Tanisaka the following Monday. (Recall this was Easter weekend. Mr. Catania contacted me over the weekend, but I was not able to return his call until Monday morning.) On Monday, Mr. Catania called Mr. Tanisaka and explained that although the dealership’s eBay listing was in error, the dealership would nevertheless consummate the transaction at the price bid by Mr. Tanisaka.
Between Monday and today, Mr. Catania has repeatedly attempted to work cooperatively with Mr. Tanisaka to consummate the transaction. Husker has agreed to allow Mr. Tanisaka additional time to secure financing, and has only requested the minimum deposit of $1,000. (A clearly stated condition of the auction was that the buyer must deposit $1000 to $5,000, which must be received by Husker within 24 hours.)
It is true that Husker asked Mr. Tanisaka to post a comment on this site that would set the record straight. While it may or may not have been Mr. Tanisaka’s intent, the dealership and its employees have been unfairly subject to slander, threats, intimidation, malicious tampering of personal property, harassment etc. Although Mr. Tanisaka refused to correct the misinformation that has been widely circulating, Husker Auto Group nevertheless confirmed to Mr. Tanisaka its willingness to consummate the transaction at the price he bid.
Mr. Tanisaka has still not completed the necessary paperwork to purchase the vehicle. In fact, he has indicated his refusal to speak with anyone at the dealership.
Based on the gamesmanship being played by Mr. Tanisaka, it has become increasingly apparent that Mr. Tanisaka is more out for the publicity than to buy a BMW.
Of course, Husker will continue to do everything reasonably possible to satisfy Mr. Tanisaka if he truly intends to purchase this vehicle.
Michael B. Maledon, Esq.
03-27-08, 11:29 AM
#57
Lexus Fanatic
The auction ended with a winning bid standing. A binding contract was thus formed.
Last edited by XeroK00L; 03-27-08 at 12:19 PM.
03-27-08, 12:40 PM
#59
Lexus Fanatic
03-27-08, 12:43 PM
#60
The problem is nobody takes the ebay contract seriously. What are the chances of someone actually going the full 10 yards with a lawyer for an ebay auction? People think the worse that can happen is their ebay account gets banned and they just create a new one.