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Mistreated by a Lexus dealer online

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Old 11-16-10 | 07:43 AM
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Question Mistreated by a Lexus dealer online

So I've been looking for a nice used Lexus for the better part of 6 months. A few weeks ago, I found the perfect car for me, on eBay.

The auction was posted by a Lexus Dealer. The Dealer had perfect feedback and had listed the car as a no reserve auction. I looked at the car details, carfax, etc. and decided to bid on the auction. I called the dealer about an hour before the auction closed and asked multiple questions including confirming that the vehicle would be sold to the highest bidder (yes). I even asked about purchasing the CPO warranty on the vehicle. He called back in 5 minutes with a quote for that particular vehicle. I was satisfied that it was the "real" deal.

As the final minutes of the auction came and went, I placed my bid and anxiously watched the clock wind down. A few other bids came in but much to my happiness, I wound up winning the auction.

My joy was short lived though. Within 10 minutes of closing, I called the dealer to place the required security deposit. He started to stutter and became apologetic. Most of what he said didn't make much sense but his response eventually came down to "sorry, the car was sold earlier and we didn't have time to cancel the auction". Somehow in the hour that passed since the last time I spoke to him the car had been sold.

I got the feeling that the dealer wasn't being honest with me. And the change in his voice made me think that somebody else at the dealership wasn't happy about the closing price and refused to sell the vehicle to me for that price.

I'll be the first to admit that I got the car for a good price, however, the price was not a fire sale by any means. The auction had been up for a number of days and many people had bid on the car. What I'm trying to figure out is whether I have any recourse aside from giving the dealer a negative feedback score and tarnishing a perfect record. I thought about asking for proof that the car was sold via a bill of sale but don't know if they'll give it to me or even give me one that is real.

Therefore, I thought that I'd reach out to this forum for advice. I'm new here so please take it easy. Thank You.
Old 11-16-10 | 07:56 AM
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i noticed your in PA, do you mind mentioning which dealer or if it was close to Philly? If not pm me. If its the same dealer i go to, im going tomorrow to drop my car off. I can look and see if its still on the lot.

My guess is exactly what you said. They were unhappy with the final price and decided to say it was "sold". I would go to the dealer and not say who you are and if the car is still there, inquire about buying the car. If the car is still for sale pull out a print out of your winning auction of the same car and question them.
Old 11-16-10 | 08:55 AM
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"I thought about asking for proof that the car was sold via a bill of sale but don't know if they'll give it to me or even give me one that is real."

You may consider contacting ebay and requesting them to get you a proof of sale.

If the car was sold before the end of auction, does it constitute a violation of listing terms?
Old 11-16-10 | 09:18 AM
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You can report the seller for Seller-Non-Performance.
https://signin.ebay.com/ws/eBayISAPI...stype=&fromwl=
Old 11-16-10 | 09:28 AM
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Welcome to CL. I see you are a brand-new poster.

This is one of the reasons (among many, trust me) why I generally don't recommend auctions.

I called the dealer about an hour before the auction closed and asked multiple questions including confirming that the vehicle would be sold to the highest bidder (yes). I even asked about purchasing the CPO warranty on the vehicle. He called back in 5 minutes with a quote for that particular vehicle. I was satisfied that it was the "real" deal.
This is unclear. When the dealership called you back on the price for the CPO-warranty, did he or she quote you a price simply on the CPO-status/warranty, or on an agreed-upon sale-price for the vehicle itself? This is important, because it may indicate if the dealership actually sold it right out from under your nose, or if, as that person said, a mistake had indeed been made on the dealer's part, and the car had indeed been pre-sold.
Old 11-16-10 | 09:35 AM
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You can make trouble for the dealer thru eBay but chances are ebay will not side with you vs the dealer in any sort of real dispute. All car auctions seem to have "reserve right to end auction / sell car at any time" This gives them an out if they don't like the no-reserve price

Stealers I mean dealers earn their reputation with stuff like this. Buy private party and I think you'll do better
Old 11-16-10 | 11:01 AM
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Leave them horrible feedback! You can send Corporate a letter.
Old 11-16-10 | 12:13 PM
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Originally Posted by mmarshall
Welcome to CL. I see you are a brand-new poster.

This is one of the reasons (among many, trust me) why I generally don't recommend auctions.

I agree, not how I buy cars and not recommended.

Last edited by IS-SV; 11-16-10 at 12:17 PM.
Old 11-17-10 | 12:17 AM
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Same thing happened to my friend who was a dealer and he bought a car on ebay for dirt cheap. Its a contract and you can sue him to get the car. Report it to the auction get a lawyer and you should be fine. I doubt you will need a lawyer as you can tell him its a contract that you admitted on and that you have all the proof to take it to court.
Old 11-17-10 | 08:54 AM
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From: el clinico magnifico
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Report it to the local TV stations and if the bad publicity doesn't work then get a lawyer.
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